PROF RAM PRAKASH Vs. D D A

JUDGEMENT

(1.) This writ petition seeks the quashing of a demand raised by the Respondent Delhi Development Authority ('DDA') against the petitioner for a sum of Rs. 1,78,85,011 towards misuse charges in respect of the property at 7, Community Centre, East Of Kailash, New Delhi ('property').

(2.) The property in question was purchased in the joint names of the petitioner's mother Smt. Savitri, his wife Smt. Kamla Ahluwalia and the petitioner in an open auction held by the DDA on 10.8.1969. The possession of the plot was given to the purchasers on 5.3.1972 and a lease deed was executed on 5.4.1972. According to the petitioner after completion of the building the three co-owners entered into a partition on 1.12.1976. The first and third floors went to the share of Smt. Savitri Devi, the mezzanine and second floor in favour of the petitioner's wife Mrs. Kamla Ahluwalia and the basement and the ground floor in favour of the petitioner here. Mrs. Kamla Ahluwalia expired on 23.4.1994 and Mrs. Savitri Devi on 6.8.1994 both leaving behind the petitioner and other legal heirs.

(3.) In response to the request made by the petitioner and other legal heirs to it on 17.2.2004 for grant of mutation, the DDA on 20.5.2004 raised a demand for alleged misuse charges in the sum of Rs.1,78,85,011 for the period up to 5.2.2003 in addition to a sum of Rs. 3712.50 towards arrears of ground rent till 14.7.2004 It was stated in the demand letter dated 20.5.2004 that if the misuse charges were not paid within 30 days action under the terms and conditions of the lease would be taken. The petitioner was also asked to remove the misuse i.e. the use of the basement for storage and unauthorised excess coverage in the mezzanine floor. The petitioner's representations against the demand were impliedly turned down by the DDA when by its letter dated 22.9.2005 to the petitioner it reiterated its demand for misuse charges. The petitioner thereafter filed the present writ petition.