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1 - 10 of 12 (0.24 seconds)Uoi & Anr. vs Jor Bagh Asscn. Regd. & Ors. on 28 February, 2012
12. The controversy in this respect is set at rest by a recent Division
Bench judgment of this Court in a batch of matters with leading case
entitled Union of India & Anr. Vs. Jor Bagh Asscn. Regd. & Ors. LPA
415/2005.
Laj Gandhi vs Delhi Development Authority on 4 November, 2011
14. We may also record that even before this judgment of the Division
Bench, one of us (Rajiv Sahai Endlaw,J.) in Laj Gandhi Vs. Delhi
Development Authority, 2011 X AD (Delhi) 377 laid down the principle of
law in the following manner:-
Jor Bagh Association (Regd) And Ors. vs Union Of India (Uoi) And Ors. on 9 July, 2004
(iv) That the Perpetual Leases of the respondent
DDA are different from those of the L&DO which
were for consideration in Jor Bagh Association
(Regd.) (supra). The leases of the respondent DDA
empower DDA to recover charges for misuse;
Bses Rajdhani Power Ltd. vs Saurashtra Color Tones Pvt.Ltd. & Anr. on 2 July, 2009
(v) Misuse charges are in the nature of public
money and thus the principle enshrined in
Saurashtra Color Tones Pvt. Ltd. (supra), Mrs.
Madhu Garg (supra) & Swastic Industries v.
Maharashtra State Electricity Board AIR 1997 SC
1101 would apply;
Prof. Ram Prakash vs D.D.A. on 17 August, 2007
In Ram Prakash
(Prof.) case (supra), the learned Single Judge, on
facts of the case, had highlighted that the lessor
had been sending notices, being five in number, on
various dates which were being responded to by
the lessee and the lessor did not bother to consider
the response filed as also the fact that the lessee
had taken legal remedy against the tenant for the
wrong committed by the tenant. The learned Single
Judge quashed the demand. The view was upheld
till the Supreme Court.
Delhi Development Authority Through ... vs Prof. Ram Prakash S/O Late Sh. Brij Mohan ... on 2 May, 2008
10. The counsel for the petitioner has based the
case on the judgments of the Single Judge reported
in 2007 8 AD (DEL) 313 of the Division Bench
reported in 2008 (103) DRJ 57 and culminating in
the judgment dated 15.03.2011 of the Apex Court
in SLP(C) No.27278/2009 titled DDA v. Prof.
Ram Prakash and in which case, finding that the
DDA after issuing show cause notice had not taken
any follow up action, the claim for misuse charges
after 25 years was held to be bad and directions for
conversion of leasehold rights into freehold issued.
The counsel for the petitioner has contended that
the respondent DDA in the present case also did
not raise any demand whatsoever for misuse
charges between the year 1983-90 when the
property was under misuse and cannot after nearly
18 years make a demand therefor. It is contended
that the petition is thus entitled to succeed in
accordance with the said judgments.
Curewell (India) Ltd. vs Sahib Singh (Dead) By L.Rs. And Others ... on 18 December, 1991
The respondent
DDA therefore can well be said to have rest
assured that the misuse charges have to be
determined by the Rent Controller and not by the
DDA (See Curewell (India) Ltd. v. Sahib Singh
MANU/SC/0302/1992 : 1993 Supp.(1) SCC 507.)
The petitioner on the contrary by compromising
with the tenant relieved the tenant from liability for
any misuse charges. The occasion for the
respondent DDA to recover the misuse charges
would have arisen only upon knowledge of the
said compromise. The petitioner in the present case
LPA 787/2011 Page 13 of 14
in view of the compromise cannot also say that,
had she been informed earlier of the misuse
charges, she would have recovered it from the
tenant.
The Government Grants Act, 1895
M/S. Swastic Industries vs Maharashtra State Electricity Board on 24 January, 1997
(v) Misuse charges are in the nature of public
money and thus the principle enshrined in
Saurashtra Color Tones Pvt. Ltd. (supra), Mrs.
Madhu Garg (supra) & Swastic Industries v.
Maharashtra State Electricity Board AIR 1997 SC
1101 would apply;