VIKRAMADITYA BHARTIA Vs. DDA

JUDGEMENT

(1.) The petition impugns the demand contained in letter dated 1st October, 2010 of Rs. 13,00,286/- of the Respondent-DDA on the Petitioner on account of alleged misuse charges in respect of Shed No.A-94, Okhla Industrial Estate, Phase-II, New Delhi. The Petitioner claims to have paid the said amount to the RespondentDDA under protest and seeks a mandamus to the Respondent-DDA to refund the said amount to the Petitioner along with interest @ 6% per annum.

(2.) The factual matrix giving rise to the present petition is that Plot No.A-94, Okhla Industrial Area, Phase-II, New Delhi was purchased on lease by the Petitioner in an auction held on 4.11.1981 for a sale consideration of Rs. 2,18,000/-. The constructed industrial shed was transferred in favour of the Petitioner vide Conveyance Deed dated 22nd February, 1983 while the land underneath was given on perpetual lease basis to the Petitioner vide Perpetual Lease Deed dated 22nd February, 1983. Since then, the Petitioner is in peaceful ownership and possession of the said industrial shed and land underneath it.

(3.) Sometime in the year 2003, the Respondent-DDA formulated and notified a scheme of conversion into freehold of different types of properties which were given on perpetual lease basis. The Petitioner applied for conversion of land underneath the aforesaid industrial shed into freehold vide application dated 26.2.2009. Since, however, the Respondent-DDA proposed to charge conversion charges treating the land underneath the shed on the basis of commercial land rates, the Petitioner filed W.P.(C) No.10922 of 2009 with the following prayers:-