RAMESH AHUJA AND ORS. Vs. DDA AND ANR.

JUDGEMENT

(1.) THE petition, impugns (i) the demand dated 23.03.2011 of the Respondent DDA of Rs. 76,71,706/ - as Permission Fee (PF) for converting the leasehold rights in the land underneath property No. 18, Bhera Enclave, Paschim Vihar, New Delhi into freehold; (ii) the order dated 22.09.2011 of the Respondent DDA rejecting the representation of the Petitioners against the said demand; and (iii) seeks mandamus commanding the Respondent DDA to convert the leasehold rights underneath the land aforesaid into freehold without insisting upon the payment of Rs.76,71,706/ - aforesaid.

(2.) AS far as the challenge by the Petitioners to the demand dated 23.03.2011 is concerned, the Petitioners had earlier preferred W.P.(C) No. 2790/2011 challenging the same. However, the Petitioners in the said writ petition agreed that they will make a representation before the Respondent DDA against the said demand and the said writ petition was disposed of on 29.04.2011 with a direction to the Respondent DDA to dispose of the said representation to be made by the Petitioners and liberty was given to the Petitioners to assail the order on the representation, if aggrieved therefrom, in accordance with law. Thus, what is for consideration today is the order dated 22.09.2011 of the Respondent DDA.

(3.) THE Petitioners admit that the Respondent DDA in December, 1992 itself served a notice to show cause for non conforming use of the premises. Though the Petitioners have chosen not to file the copy of the perpetual lease before this Court but it is obvious that the lease was granted for use of the land and construction thereon for residential purpose only and use of the basement and ground floor of the premises for banking purpose was in contravention of the terms and conditions of the lease.