B.S. AHLUWALIA Vs. D.D.A.

JUDGEMENT

(1.) The present petition seeks to assail letter dated 24.3.2004 issued by the Respondent No.1/DDA whereby the lease of the plot at A-1/166, Pankha Road, Janak Puri, New Delhi has been cancelled and determined by the Respondent No.1 and letter dated 30.7.2003 rejecting the application filed by the Petitioners for conversion of leasehold rights in the aforesaid property into freehold on the ground of non-payment of the misuse charges of Rs. 75,10,178/-.

(2.) The background facts necessary for the decision of the present writ petition are that on 27.3.1974 vide a perpetual lease executed by the President of India the plot at A-1/166, Pankha Road, Janak Puri, New Delhi was allotted to Smt. Nirmala Sharma and others, who eventually constructed a building comprising of basement, ground floor, first floor and second floor on the said plot. After the original allotment of the plot in the name of Smt. Nirmala Sharma and others, the property changed hands a number of times. The said premises were eventually purchased by the Petitioners on 20.12.1993 by way of a General Power of Attorney and an Agreement to Sell. The Respondent No.1 was throughout aware of these proceedings but never bothered to question the same prior to the issuance of the impugned letter dated 24.3.2004.

(3.) The original allottee of the leasehold plot Smt. Nirmala Sharma received a show cause notice dated 23.10.1997 from Respondent No.1 alleging that the premises in question were being used for running a Banquet Hall in breach of the terms of the lease. In response to this, the Petitioners replied vide letter dated 15.11.1997 that it was not possible to run a Banquet Hall in the said premises and stating: