Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Deeds and Documents - Leasehold properly - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Deeds and Documents - Leasehold properly - Demand of misuser charges from lessee - Legality of - Respondent purchased leasehold properly in an open auction conducted by Delhi Development Authority (DDA) and entered into a lease deed with it in respect of such property - From 1983 onwards, the Petitioner-DDA sent a series of show-cause notices to respondent alleging that he was misusing the property for office purposes and that he had also raised unauthorised construction on the terrace of the property in direct violation of the terms and conditions of the lease deed - Respondent denied the alleged misuse in part and as regard the other part of alleged misuse took the stand that such violations had been done by his tenants without obtaining his sanction and consequently he had initiated eviction proceedings against them - No action was taken by DDA on the basis of the said show-cause notices - However, in 2004 when respondent applied to DDA for mutation of the property, DDA demanded arrears of misuse charges from the respondent - Respondent filed writ petition - High Court quashed the demand - On appeal, held: Respondent took prompt steps against the tenants for their transgression and one of the tenants has already vacated the premises occupied by him - Further, DDA did not take any follow-up action after issuance of the show-cause notices - Instead, after a lapse of 25 years the DDA set up a claim on account of misuser charges for the entire period - It would be inequitable to allow the DOA which had sat over the matter to take advantage of its inaction in claiming misuser charges - Though no limitation was prescribed for making a demand of arrear charges, the statutory Authority is required to act within a reasonable time - What would construe a reasonable time, depends on the facts and circumstances of each case, but it would not be fair to the respondent if such demand is allowed to be raised after 25 years, on account of the inaction of the DDA. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2011 INSC 206 |
Petitioner | Delhi Development Authority |
Respondent | Ram Prakash |
SCR | [2011] 5 S.C.R. 606 |
Judgement Date | 2011-03-15 |
Case Number | 27278 |
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