Satya Narain Goel vs DDA

Sunil Gaur, J.—Petitioner vide letter of 20th December, 2005 had sought conversion of Plot No. 154, Block-B, Pocket-4, Sector-7 in Rohini residential scheme from leasehold to freehold. Respondent-DDA vide letter of 16th November, 2006 (Annexure P-3) had informed the petitioner about the misuse charges of 6,94,530/- which are under challenge in this petition.

Learned counsel for the petitioner states that since submission of the application for conversion has been made, there is no misuse of the subject premises.

Learned counsel for the petitioner relies upon order in W.P. (C) No. 16533/2004 titled as Annu Chopra Vs. DDA rendered on 4th January, 2005 to contend that misuse charge cannot be levied for the entire building and has to be confined to the portion which is being misused.

Learned counsel for the respondent concedes that the misuse charges levied is for the entire building and not for portion misused.

Since, petitioner''s representation of 28th November, 2006 (Annexure P-4) and another representation of 13th February, 2007 (Annexure P-5) have not been considered by the respondent and even the application of 19th November, 2007 for conversion of the subject property from leasehold to freehold is pending and therefore, it is deemed appropriate to direct that petitioner''s representations (Annexure P-4 and Annexure P-5), be decided by the respondent preferably within a period of three months and thereafter, to also decide petitioner''s application (Annexure P-6) as well and the respondent is duty bound to decide the aforesaid representations in the light of the decision in Annu Chopra (Supra).

Petitioner is at liberty to supply any relevant document at the time of personal hearing. Let the petitioner appear before the Director, Lease Administration Branch on 28th March, 2012 at 02:30 p.m.

With these observations, this writ petition is disposed of.

No costs. Copy of this order be given dasti to the counsel for both the parties.