misuse charges.
The power to demand misuse charges
9. There are two aspects of the validity of the demand for misuse charges. The first concerns ... support the demand of misuse charges for the misuse of the basement from 8.8.1983 till 5.2.2003. Also, the misuse charges for this period is also
misuse. It is the case of DDA that lastly notice was issued on 17.11.2000.
16. DDA defends the levy of misuse charges on the ground ... misuse till the date of vacation of misuse or up to 28.6.1999 whichever is earlier.
35. DDA is seeking to levy misuse charges with effect
parameter of calculation of misuser charges. This witness admitted
that two tenants has deposited the misuser charges with DDA ... recover the misuser charges only from
the plaintiff. However, if plaintiff feels that he had paid the misuser
charges due to misuse of property
entertained without payment of misuse charges, no
mandamus for freehold conversion without payment of the said
misuse charges can be issued;
(iii) Even though ... Association (Regd. ) (supra). The leases of the respondent DDA
empower DDA to recover charges for misuse;
W.P.(C) No.12515/2005 Page
demand for recovery of misuse charges. The demand of misuse charges should be therefore quashed.
(c) Once the DDA itself came to the conclusion that ... charges for past misuse without any determination of actual misuse and (ii) whether misuse charges can be collected at any time for past misuse
misuse but could
regularize the past misuse on payment of misuse charges. It is further
pleaded that action with respect to the misuse is taken ... DDA was summoned by the Rent Controller
and had informed that past misuse could be condoned but misuse had to
stop. The misuse charges
undertaken by DDA. misuse, SCN to be issued. However
if the misuse is not found during the
fresh inspection, then misuse
charges should ... misuse stopped and having not made any claim for
misuse charges, is deemed to have dropped its claim if any for misuse
charges
prescribed period of payment of
misuse charges. It is acknowledged that the petitioner showed his
intention to pay misuse charges through a letter dated ... decision in the case of DDA v. Ram Prakash1 wherein too the
DDA sought to claim misuse charges with regard to use of the
basement
deed and attracting the levy of misuse
charges. Subsequently, the misuse charges were calculated based on
the approved misuse area ... dated 26.09.2018
includes only misuse charges of mezzanine floor, subletting
charges of basement and other dues but no misuse charges was
levied of basement being
further alleged that since
injunction against misuse was granted by court on 25.02.1991, DDA can
not levy misuse charges after this date, hence, the amount ... DDA to recover the misuse charges on
periodical basis. Charges are in the nature of penalty and misuse is a
ground for determination of lease
