Judgment:
1. The writ petition was filed impugning the demand dated 7 th July, 2005 of the respondent DDA of Rs 5,71,663/- on the petitioner on account of use of property No. G-2, Maharani Bagh, New Delhi for purposes other than specified in the perpetual lease of land underneath the said property and as a pre-condition for conversion of the Leasehold Rights in the land underneath the property into Freehold. The petitioner also seeks mandamus for conversion of the Leasehold Rights into Freehold.
2. Notice of the petition was issued and pleadings have been completed.
3. Misuse charges were claimed by the respondent DDA for the reason of use of a portion of the property for the purpose of office of Training Organization for Research & Counseling in Health (TORCH Mission). It is the contention of the counsel for the petitioner that the said TORCH Mission is an NGO. While the counsel for the petitioner contends that the property was let out to the said M/s TORCH Mission for residential purpose only, the respondent DDA in its counter affidavit has pleaded that the misuse was reported by the field staff during an inspection of the property.
4. It has been enquired from the counsel for the petitioner as to how the aforesaid factual controversy as to whether the property was being misused or not can be adjudicated without examination and cross examination of witnesses i.e. the tenant who was admittedly in control and possession of the property at the relevant time and the field staff which had reported such misuser.
5. The counsel for the petitioner rather than responding to above, at this stage states that the petitioner has applied for consideration of his application for freehold conversion in accordance with the changed policy and the said matter is under consideration of respondent DDA. He seeks the disposal of the present petition with a direction to the respondent DDA to consider the representation of the petitioner under the new Policy of 26 th March, 2010.
6. The counsel for the respondent DDA states that her instructions are that the representation of the petitioner is being considered in accordance with new Policy and in accordance with law.
7. The petition is accordingly disposed of with a direction to the respondent DDA to communicate its decision on the representation aforesaid of the petitioner on or before 31st October, 2011. No order as to costs.