SATYA MOHAN SACHDEV Vs. UOI

JUDGEMENT

(1.) The petitioners impugn the notices dated 14 th June,2000, 20 th July, 2004 and 18 th October, 2004 of the respondent no.2 DDA claiming, the property constructed over land bearing Plot no.8 Block-C-6, Safdarjung Development Area to have been used for purposes other than that specified in the perpetual lease of the land underneath the property and demanding misuse charges for the period 1 st January, 1983 to 5 th July, 2000 of '10,73,56,566/- from the petitioners including as a pre-condition for converting the leasehold rights in the said land to freehold. The petitioners also seek a mandamus directing conversion of the leasehold rights to freehold in terms of the application filed by the petitioner on 15 th December, 1999.

(2.) Notice of the writ petition was issued and it being the plea of the petitioners that the alleged misuse was by their tenant, the petitioners directed to produce copy of the lease/rent agreement executed with the tenant. Pleadings have been completed. The counsels have been heard.

(3.) The case of the petitioners is, that they had in the year 1983 rented out the property to one Mr. Rakesh Mahajan, Managing Trustee of Ram Lal Mahajan Charitable Trust and a Nursing home by the name of Mother & Child Nursing Home was being run by the said tenant in the property; that the petitioners in the year 1989 filed for ejectment and which was decreed on 24 th November, 1998 and the tenant vacated on 5 th July, 2000.