S.C. GUPTA vs D.D.A. & ORS.

Judgment text excerpt

$~113 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22nd January, 2025 + W.P.(C) 15655/2004 S.C. GUPTA .....Petitioner Through: Petitioner in person. versus D.D.A. & ORS. .....Respondents Through: Mr. Tushar Sannu, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM APPL. 45333/2024 (filed on behalf of the petitioner under Section 151 CPC for rectification of order dated 01.03.2024) & CM APPL. 66224/2024 (for condonation of delay) 1. Present petition was disposed of by a common order passed on 01.03.2024. While disposing of the above said writ petition, it was, inter alia, held and observed as under:- “40. The noting of the respondent DDA shows that during inspection it has been found that an area of 19.34 sq. meters is being misused for storage/office purpose. Hence, for an area of 19.34 sq. meters, the misuser charges will have to be paid by the petitioner. 41. Mr. Gupta, learned counsel for the petitioner, on instructions of his client who is present in Court, is agreeable to payment of those charges from 15.01.1986 till the date of cancellation. 42. The respondent DDA is directed to undertake the calculation of misuser charges of 19.34 sq. meters with effect from 15.01.1986 till the date of cancellation within a period of 4 weeks from today and Signature Not Verified Digitally Signed W.P.(C) 15655/2004 1 By:SONIA THAPLIYAL Signing Date:24.01.2025 11:18:04 the petitioner shall make the said payment along with restoration charges, if any, within 6 weeks thereafter. 43. On payment of restoration charges and misuser charges, the application of the petitioner for conversion from lease-hold to free- hold shall also be decided by the respondent-DDA in accordance with law. 44. Subject to the above, W.P.(C) 143/2012 is allowed. 45. Needl