{"id":92924,"date":"2011-03-15T00:00:00","date_gmt":"2011-03-14T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/delhi-devt-authority-vs-ram-prakash-on-15-march-2011"},"modified":"2018-06-07T17:18:29","modified_gmt":"2018-06-07T11:48:29","slug":"delhi-devt-authority-vs-ram-prakash-on-15-march-2011","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/delhi-devt-authority-vs-ram-prakash-on-15-march-2011","title":{"rendered":"Delhi Devt.Authority vs Ram Prakash on 15 March, 2011"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">Delhi Devt.Authority vs Ram Prakash on 15 March, 2011<\/div>\n<div class=\"doc_author\">Author: A Kabir<\/div>\n<div class=\"doc_bench\">Bench: Altamas Kabir, Cyriac Joseph<\/div>\n<pre>                                                 REPORTABLE\n\n\n\n           IN THE SUPREME COURT OF INDIA\n\n           CIVIL APPELLATE JURISDICTION\n\n\n\n\n\n     SPECIAL LEAVE PETITION(C)No.27278 OF 2009\n\n\n\n\nDelhi Development Authority       ...    Petitioner  \n\n\n\n                 Vs.\n\n\n                                                           2\n\n\n\n\n\nRam Prakash                              ...    Respondent\n\n\n\n\n                     J U D G M E N T\n<\/pre>\n<p>ALTAMAS KABIR, J.\n<\/p>\n<\/p>\n<p>1.    The   Delhi   Development   Authority,   hereinafter, <\/p>\n<p>referred   to   as   &#8220;DDA&#8221;   is   the   petitioner   in   this <\/p>\n<p>Special   Leave   Petition,   which   is   directed   against <\/p>\n<p>the judgment and order dated 2.5.2008 passed by the <\/p>\n<p>Delhi High Court in L.P.A. No.22 of 2008.<\/p>\n<p>2.    The   respondent   herein,   along   with   his   mother <\/p>\n<p>and   wife,   purchased   a   property   in   No.7,   Community <\/p>\n<p>Center,   East   of   Kailash,   New   Delhi,   in   an   open <\/p>\n<p>auction   conducted   by   the   DDA   on   10.8.1969. <\/p>\n<p>Possession   of   the   plot   was   made   over   to   the <\/p>\n<p>purchasers on 5th March, 1972, and a lease deed in <\/p>\n<p>respect of the said plot was executed on 5th April, <\/p>\n<p><span class=\"hidden_text\">                                                             3<\/span><\/p>\n<p>1972.     In   terms   of   the   Lease   Deed,   the   auction <\/p>\n<p>purchasers were required to construct the building <\/p>\n<p>upon   the   demised   plot   within   two   years   from   the <\/p>\n<p>date of delivery of possession.\n<\/p>\n<\/p>\n<p>3.    It appears that on a routine inspection by the <\/p>\n<p>petitioner&#8217;s   staff   on   8th   August,   1983,   it   was <\/p>\n<p>noticed that the respondent was using the basement <\/p>\n<p>of   the   building   for   office   purposes   which   was   in <\/p>\n<p>contravention of the prescribed usage. A Show-Cause <\/p>\n<p>Notice was issued on the same day calling upon the <\/p>\n<p>respondent to Show-Cause within 10 days as to why <\/p>\n<p>action   for   cancellation   of   lease   should   not   be <\/p>\n<p>taken for violation of clause II(13) of the Lease <\/p>\n<p>Deed.     The   respondent   replied   to   the   said   Show-<\/p>\n<p>Cause   Notice   on   10th   August,   1983,   denying   misuse <\/p>\n<p>of   the   property.     No   further   action   was   taken   on <\/p>\n<p>the   said   Show-Cause   Notice   till   seven   years   later <\/p>\n<p>when on 28th June, 1990, another Show-Cause Notice <\/p>\n<p>was issued stating as to why the lease should not <\/p>\n<p><span class=\"hidden_text\">                                                            4<\/span><\/p>\n<p>be determined for violation of clause II(13) of the <\/p>\n<p>Lease Deed on the ground that the basement of the <\/p>\n<p>building   was   being   misused   as   an   office   for <\/p>\n<p>Frooti\/Atash Industry, instead of storage, and the <\/p>\n<p>mezzanine   floor   was   being   used   for   the   office   of <\/p>\n<p>M\/s Ferrow Alloys Forging &amp; M\/s Green Land, instead <\/p>\n<p>of storage.\n<\/p>\n<\/p>\n<p>4.    In response to the second Show-Cause Notice the <\/p>\n<p>respondent   replied   stating   that   the   portion   in <\/p>\n<p>question   had   been   leased   to   the   above-named <\/p>\n<p>companies for storage purposes and their failure to <\/p>\n<p>abide by the terms of the lease has been brought to <\/p>\n<p>the   notice   of   the   tenants   for   taking   appropriate <\/p>\n<p>steps.\n<\/p>\n<\/p>\n<p>5.Since the reply was not found to be satisfactory, <\/p>\n<p>further   Show-Cause   Notices   were   issued   to   the <\/p>\n<p>respondent   on   3.9.1990   and   11.12.1990   in   relation <\/p>\n<p><span class=\"hidden_text\">                                                           5<\/span><\/p>\n<p>to   the   violation   of   the   provisions   of   the   Lease <\/p>\n<p>Deed   and   to   remove   the   breaches   which   had   been <\/p>\n<p>pointed out, in default whereof the lease would be <\/p>\n<p>determined.     The   respondents   replied   to   the   Show-<\/p>\n<p>Cause   Notice   dated   3.9.1990   on   5.11.1990   stating <\/p>\n<p>that the tenant was using the basement for storage <\/p>\n<p>of Frooti juices  and was not operating any office <\/p>\n<p>therefrom.   It was also mentioned that the tenant <\/p>\n<p>in the mezzanine floor had not yet replied to the <\/p>\n<p>notice which had been issued to him.\n<\/p>\n<\/p>\n<p>6.However,   on   the   basis   of   another   inspection   of <\/p>\n<p>the premises conducted in December, 1990, where it <\/p>\n<p>was noticed that both the floors were still being <\/p>\n<p>misused,   notices   were   issued   for   joint   inspection <\/p>\n<p>which   was   fixed   for   18.2.1991,   12.3.1991   and <\/p>\n<p>22.4.1991.     However,   the   respondents   did   not   join <\/p>\n<p>the   inspection   and   ultimately   an   inspection   was <\/p>\n<p>carried   out   on   24.4.1991   and   another   Show-Cause <\/p>\n<p>Notice   was   issued   to   the   respondents   on   8.5.1991. <\/p>\n<p><span class=\"hidden_text\">                                                           6<\/span><\/p>\n<p>In   response   to   the   said   Show-Cause   Notice   the <\/p>\n<p>respondents wrote back on 21.5.1991 that they have <\/p>\n<p>no control over the tenants, except to inform them <\/p>\n<p>of   their   violations.     Ultimately,   the   respondents <\/p>\n<p>in   its   letter   dated   9.7.1991   stated   that   the <\/p>\n<p>mezzanine   floor   was   being   used   as   offices.     In <\/p>\n<p>reply to the said letter written on behalf of the <\/p>\n<p>respondent   the   petitioner   informed   the   respondent <\/p>\n<p>that   as   per   architectural   design   the   mezzanine <\/p>\n<p>floor could be used only for storage and unless the <\/p>\n<p>misuse   was   stopped   the   lease   would   have   to   be <\/p>\n<p>determined.   In   response   on   13.11.1991   the <\/p>\n<p>respondent   once   again   asserted   that   the   mezzanine <\/p>\n<p>floor   in   the   Community   Centre   was   not   being <\/p>\n<p>misused.\n<\/p>\n<\/p>\n<p>7.Thereafter, there was a series of correspondence <\/p>\n<p>exchanged   on   the   same   subject.   In   the   meanwhile, <\/p>\n<p>Smt.   Kamla   Ahluwalia,   the   wife   of   the   respondent, <\/p>\n<p><span class=\"hidden_text\">                                                              7<\/span><\/p>\n<p>died   on   23.4.1994,   as   did   Smt.   Saraswati   Devi   on <\/p>\n<p>6.8.1994.\n<\/p>\n<\/p>\n<p>8.On   20.5.2004   the   respondent   applied   to   the   DDA <\/p>\n<p>for mutation of the property in favour of the legal <\/p>\n<p>heirs   of   the   deceased   co-auction   purchasers.     In <\/p>\n<p>response   thereto   the   respondents   were   asked   by   a <\/p>\n<p>letter   dated   20.5.2004   to   pay   misuser   charges   and <\/p>\n<p>were   called   upon   to   clear   the   dues   in   respect <\/p>\n<p>thereof.   Aggrieved   by   the   said   demand   notice   the <\/p>\n<p>respondents   filed   a   Writ   Petition,   being   W.P.No. <\/p>\n<p>8464   of   2006,   in   the   High   Court   for   quashing   the <\/p>\n<p>demand   of   misuser   charges   amounting   to <\/p>\n<p>Rs.1,78,85,001\/-.  The same was allowed by the High <\/p>\n<p>Court   on   17.8.2007   and   the   demand   of   misuser <\/p>\n<p>charges   raised   by   the   DDA,   by   its   letter   dated <\/p>\n<p>20.5.2004, was quashed.\n<\/p>\n<\/p>\n<p>9.The   DDA   filed   Letters   Patent   Appeal,   being   LPA <\/p>\n<p>No.22 of 2008 on 12.12.2007, challenging the order <\/p>\n<p><span class=\"hidden_text\">                                                              8<\/span><\/p>\n<p>of the learned Single Judge dated 17.8.2007, which <\/p>\n<p>was dismissed on 2.5.2008.\n<\/p>\n<\/p>\n<p>10.It is against the said order of dismissal of the <\/p>\n<p>LPA by the Delhi High Court that this Special Leave <\/p>\n<p>Petition has been filed by the DDA.\n<\/p>\n<\/p>\n<p>11. Appearing for the DDA, Mr. A. Sharan, learned <\/p>\n<p>Senior   Advocate,   submitted   that,   although,   under <\/p>\n<p>the   terms   of   the   lease   deed,   the   respondent   was <\/p>\n<p>allowed   to   use   the   premises   for   commercial <\/p>\n<p>purposes,   he   had   misused   the   same   and   that   the <\/p>\n<p>premises   was   being   used   for   running   an   office. <\/p>\n<p>Furthermore, a construction had been raised on the <\/p>\n<p>terrace   which   was   unauthorized   and   in   direct <\/p>\n<p>violation of the lease agreement.  It was submitted <\/p>\n<p>that the misuser of the property came to the notice <\/p>\n<p>of   the   DDA   during   inspection,   as   such   misuser   of <\/p>\n<p>the   demised   premises   had   been   carried   on   without <\/p>\n<p>notice   to   and   the   leave   of   the   DDA.     Mr.   Sharan <\/p>\n<p>also   submitted   that   as   many   as   14   Show-Cause <\/p>\n<p><span class=\"hidden_text\">                                                          9<\/span><\/p>\n<p>Notices   had   to   be   issued   to   the   respondent   on <\/p>\n<p>account   of   such   misuser.     Since   the   respondent <\/p>\n<p>failed to comply with the requisitions contained in <\/p>\n<p>the   said   notices,   the   DDA   issued   a   notice   for <\/p>\n<p>Rs.1,78,85,001\/-,   on   account   of   misuser   charges <\/p>\n<p>against which the respondent filed a writ petition, <\/p>\n<p>being W.P.(C)No.8464 of 2006, which was allowed by <\/p>\n<p>the learned Single Judge and the demand of misuser <\/p>\n<p>charges   raised   by   the   petitioner   by   its   letter <\/p>\n<p>dated 20th May, 2004, was quashed.\n<\/p>\n<\/p>\n<p>12. The   DDA   filed   Letters   Patent   Appeal   No.22   of <\/p>\n<p>2008 against the said order of the learned Single <\/p>\n<p>Judge before the Division Bench which dismissed the <\/p>\n<p>same   on   the   ground   that   while   according   to   the <\/p>\n<p>petitioner-Authority, a portion of the premises was <\/p>\n<p>being   used   for   office   premises,   according   to   the <\/p>\n<p>respondent   the   said   portion   of   the   premises   was <\/p>\n<p>being used only to store computers.   There was no <\/p>\n<p>office   as   such,   but   a   small   establishment   was <\/p>\n<p><span class=\"hidden_text\">                                                           10<\/span><\/p>\n<p>maintained by the tenant for accounting purposes of <\/p>\n<p>the   goods   brought   to   the   premises   for   storage <\/p>\n<p>purposes only.   It was not as if a regular office <\/p>\n<p>was being run from the said premises.<\/p>\n<p>13. As   far   as   the   other   part   of   alleged   misuse <\/p>\n<p>relating   to   construction   raised   on   the   terrace   of <\/p>\n<p>the premises is concerned, it was stated on behalf <\/p>\n<p>of   the   respondent   that   such   construction   had   been <\/p>\n<p>raised by the tenant without obtaining the sanction <\/p>\n<p>of the lessee and consequently, the respondent had <\/p>\n<p>initiated action against the said tenants for their <\/p>\n<p>eviction therefrom.\n<\/p>\n<\/p>\n<p>14. What   also   weighed   with   the   Judge   is   the   fact <\/p>\n<p>that   the   first   Show-Cause   Notice   issued   to   the <\/p>\n<p>petitioner was in regard to alleged misuse of the <\/p>\n<p>basement from 30th July, 1983, the mezzanine floor <\/p>\n<p>from   20th   June,   1990,   and   the   terrace   from   7th <\/p>\n<p>September, 1992, till 13th January, 2003.  However, <\/p>\n<p>although, the first Show-Cause Notice was issued to <\/p>\n<p><span class=\"hidden_text\">                                                           11<\/span><\/p>\n<p>the   respondent   on   8th   August,   1983,   regarding <\/p>\n<p>misuse   of   the   basement   and   a   reply   was   also <\/p>\n<p>submitted   by   the   respondent   on   10th   August,   1983, <\/p>\n<p>no decision was taken by the DDA on the said Show-<\/p>\n<p>Cause   Notice.     On   the   other   hand,   in   June   1990, <\/p>\n<p>upon   an   alleged   inspection   by   the   DDA,   another <\/p>\n<p>Show-Cause   Notice   was   issued   to   the   respondent   on <\/p>\n<p>28th   June,   1990,   only   in   respect   of   the   alleged <\/p>\n<p>misuse   of   the   basement   and   the   mezzanine   floor. <\/p>\n<p>Despite   a   reply   being   sent,   again   no   action   was <\/p>\n<p>taken by the DDA except for issuing Final Notices <\/p>\n<p>to the respondent on 3rd September, 1990 and 11th <\/p>\n<p>December, 1990, requiring him to stop violation of <\/p>\n<p>the conditions of the lease deed, failing which it <\/p>\n<p>would be terminated.   The respondent sent a reply <\/p>\n<p>to   the   first   Final   Notice   on   5th   November,   1990, <\/p>\n<p>but again no decision was taken on any of the two <\/p>\n<p>Final   Notices   which   had   been   sent   to   the <\/p>\n<p>respondent.     Periodical   inspection   was   thereafter <\/p>\n<p>carried out, but no action was at all taken by the <\/p>\n<p><span class=\"hidden_text\">                                                        12<\/span><\/p>\n<p>DDA and its authorities against the respondent for <\/p>\n<p>alleged misuse of the premises in question.  <\/p>\n<p>15. Ultimately,   on   a   question   of   limitation   being <\/p>\n<p>raised in respect of the demand of misuser charges, <\/p>\n<p>the Division Bench observed that where no period of <\/p>\n<p>limitation is prescribed, action has to be taken by <\/p>\n<p>the authorities within a reasonable period of time, <\/p>\n<p>but by no stretch of imagination, could it be said <\/p>\n<p>that after a lapse of almost 25 years that the DDA <\/p>\n<p>had not acted arbitrarily or at least unfairly in <\/p>\n<p>so   far   as   the   respondent   is   concerned.     In <\/p>\n<p>addition, the respondent was never informed by the <\/p>\n<p>DDA   that   he   was   required   to   pay   any   misuser <\/p>\n<p>charges.     On   the   basis   of   such   reasoning,   the <\/p>\n<p>Division   Bench   of   the   High   Court   dismissed   the <\/p>\n<p>appeal and upheld the order of the learned Single <\/p>\n<p>Judge.\n<\/p>\n<\/p>\n<p>16. Mr.   Sharan   submitted   that   both   the   learned <\/p>\n<p>Single   Judge   and   the   Division   Bench   had <\/p>\n<p><span class=\"hidden_text\">                                                             13<\/span><\/p>\n<p>misconstrued the principles relating to limitation <\/p>\n<p>in holding that the DDA had acted arbitrarily and <\/p>\n<p>unfairly in so far as the respondent was concerned, <\/p>\n<p>and,   in   any   event,   the   respondent   was   never <\/p>\n<p>informed   by   the   DDA   that   he   was   required   to   pay <\/p>\n<p>misuse charges.\n<\/p>\n<\/p>\n<p>17. Mr. Sharan urged that both the Single Judge and <\/p>\n<p>the   Division   Bench   of   the   High   Court   failed   to <\/p>\n<p>consider the core issue relating to the user of the <\/p>\n<p>premises in keeping with paragraph 13 of the lease <\/p>\n<p>deed   executed   by   the   DDA   in   favour   of   the <\/p>\n<p>respondent on 5th April, 1972.  In this regard Mr. <\/p>\n<p>Sharan referred to paragraph 13 of the lease deed <\/p>\n<p>which reads as follows :\n<\/p>\n<p>        &#8220;13)       The   lessee   shall   not   without<br \/>\n        the written consent of the lessor carry<br \/>\n        on   or   permit   to   be   carried   on,   on   the<br \/>\n        plot   or   in   any   building   thereon   any<br \/>\n        trade   or   business   of   manufacture   which<br \/>\n        in   opinion   of   the   lessor   may   be   noisy,<br \/>\n        noxious   or   offensive   or   the   same   or<br \/>\n        permit   the   same   to   be   used   for   any<br \/>\n        purpose other than those specified or do<br \/>\n        or suffer to be done therein any act or <\/p>\n<p><span class=\"hidden_text\">                                                               14<\/span><\/p>\n<p>        thing whatsoever which in the opinion of<br \/>\n        the   lessor   may   be   a   nuisance   annoyance<br \/>\n        or   disturbance   to   the   lessor   or   the<br \/>\n        person living in the neighbourhood.<\/p>\n<p>        Provided that, if the lessee is desirous<br \/>\n        of   using   the   said   plot   or   the   building<br \/>\n        thereon   for   a   purpose   other   than   those<br \/>\n        specified   the   lessor   may   allow   such<br \/>\n        change   or   user   on   such   terms   and<br \/>\n        conditions         including         payment         of<br \/>\n        additional   premium   and   additional   rent,<br \/>\n        as   the   lessor   may   in   his   absolute<br \/>\n        discretion determine.&#8221;\n<\/p>\n<\/p>\n<p>18. Mr. Sharan submitted that having regard to the <\/p>\n<p>above, the respondent was not entitled to use the <\/p>\n<p>demised premises in a manner which was contrary to <\/p>\n<p>paragraph 13 of the lease deed.   It was contended <\/p>\n<p>that the respondent was carrying on a business in <\/p>\n<p>the   demised   premises   in   respect   whereof   there   was <\/p>\n<p>no   feed   back   whatsoever   from   the   lessee.     Mr. <\/p>\n<p>Sharan urged that the order of the learned Single <\/p>\n<p>Judge   dated   17th   August,   2007,   could   not   be <\/p>\n<p>sustained and the same was liable to be set aside, <\/p>\n<p>along with the order of the Division Bench impugned <\/p>\n<p>in the Special Leave Petition.\n<\/p>\n<p>\n<span class=\"hidden_text\">                                                              15<\/span><\/p>\n<p>19. Appearing   in   person,   the   respondent,   on   the <\/p>\n<p>other   hand,   submitted   that   after   the   Show-Cause <\/p>\n<p>Notices were issued no action whatsoever was taken <\/p>\n<p>on   the   basis   thereof   and   all   of   a   sudden   the <\/p>\n<p>exorbitant   misuser   charges,   amounting   to <\/p>\n<p>Rs.1,78,85,001\/- was demanded from him.   Professor <\/p>\n<p>Ram   Prakash   submitted   that   from   1983,   nothing   had <\/p>\n<p>been done by the DDA on the basis of the Show-Cause <\/p>\n<p>Notices   which   had   been   issued,   to   which   the <\/p>\n<p>respondent   had   promptly   replied   stating   that   the <\/p>\n<p>construction   on   the   terrace   had   been   effected   by <\/p>\n<p>the tenants and not by him and in respect whereof <\/p>\n<p>proper   proceedings   had   been   initiated   for   their <\/p>\n<p>eviction   from   the   premises.   The   respondent <\/p>\n<p>submitted that it is only under severe compulsion, <\/p>\n<p>that   he   had   to   move   the   Writ   Court   for   relief   in <\/p>\n<p>relation   to   the   demand   of   misuser   charges   of <\/p>\n<p>Rs.1,78,85,001\/-.     The   respondent   submitted   that <\/p>\n<p>for   the   last   25   years   he   had   been   made   to   face <\/p>\n<p><span class=\"hidden_text\">                                                           16<\/span><\/p>\n<p>various problems and uncertainties, but that it was <\/p>\n<p>entirely   unjustified   on   the   part   of   the   DDA   to <\/p>\n<p>raise   the   claim   of   alleged   misuser   charges   of <\/p>\n<p>Rs.1,78,85,001\/-.   The   respondent   submitted   that <\/p>\n<p>after   a   long   period   of   25   years,   a   quietus   was <\/p>\n<p>required to be given to the matter.\n<\/p>\n<\/p>\n<p>20. The respondent submitted that after issuance of <\/p>\n<p>Show-Cause   Notices,   the   DDA   should   have   taken <\/p>\n<p>further   steps   in   the   matter   within   a   reasonable <\/p>\n<p>time   and   that   too   relating   to   misuser   chargers <\/p>\n<p>where   he   was   not   at   fault.     The   respondent <\/p>\n<p>submitted that he had taken prompt steps not only <\/p>\n<p>to reply to the Show-Cause Notices issued to him, <\/p>\n<p>but to initiate action against the tenants who had <\/p>\n<p>used the property in a manner which was different <\/p>\n<p>from   the   purpose   for   which   the   property   had   been <\/p>\n<p>let out.  The respondent submitted that this was a <\/p>\n<p>case   where   both   the   learned   Single   Judge   and   the <\/p>\n<p>Division   Bench   decided   the   matter   in   the   crucible <\/p>\n<p><span class=\"hidden_text\">                                                          17<\/span><\/p>\n<p>of   events   peculiar   to   the   facts   of   this   case, <\/p>\n<p>having   particular   regard   to   the   length   of   the <\/p>\n<p>period   for   which   the   misuser   charges   had   been <\/p>\n<p>demanded.\n<\/p>\n<\/p>\n<p>21. Having   considered   the   submissions   made   on <\/p>\n<p>behalf of the DDA and by the respondent appearing <\/p>\n<p>in-person, and also having considered the reasoning <\/p>\n<p>of the learned Single Judge and the Division Bench <\/p>\n<p>in repudiating the claim of misuser charges by the <\/p>\n<p>DDA, we are unable to convince ourselves that the <\/p>\n<p>decisions rendered by the High Court, both by the <\/p>\n<p>learned   Single   Judge   as   also   the   Division   Bench, <\/p>\n<p>require any interference in these proceedings.  The <\/p>\n<p>materials   on   record   will   show   that   the   respondent <\/p>\n<p>took   prompt   steps   against   the   tenants   for   their <\/p>\n<p>transgression.     During   arguments   it   was   indicated <\/p>\n<p>that,   in   fact,   one   of   the   tenants   had   already <\/p>\n<p>vacated   the   portion   of   the   premises   occupied   by <\/p>\n<p>him.  It is also very clear that after issuing the <\/p>\n<p><span class=\"hidden_text\">                                                           18<\/span><\/p>\n<p>Show-Cause Notices, the petitioner did not take any <\/p>\n<p>follow-up action thereupon.  Instead, after a lapse <\/p>\n<p>of   25   years,   the   petitioner   set   up   a   claim   on <\/p>\n<p>account of charges for the entire period.  It would <\/p>\n<p>be   inequitable   to   allow   the   petitioner   which   had <\/p>\n<p>sat   over   the   matter   to   take   advantage   of   its <\/p>\n<p>inaction in claiming misuser charges.<\/p>\n<p>22. Even as to the contention raised on behalf of <\/p>\n<p>the   petitioner   that   there   was   no   limitation <\/p>\n<p>prescribed   for   making   a   demand   of   arrear   charges, <\/p>\n<p>the Division Bench relying on the decision of this <\/p>\n<p>Court   in  State   of   Punjab   &amp;   Ors.   Vs.   Bhatinda <\/p>\n<p>District   Cooperative   Milk   Producers   Union   Ltd. <\/p>\n<p>[(2007)   11   SCC   363],   observed   that   even   where   no <\/p>\n<p>period   of   limitation   is   indicated,   the   statutory <\/p>\n<p>Authority   is   required   to   act   within   a   reasonable <\/p>\n<p>time.     In   our   view,   what   would   construe   a <\/p>\n<p>reasonable   time,   depends   on   the   facts   and <\/p>\n<p>circumstances   of   each   case,   but   it   would   not   be <\/p>\n<p><span class=\"hidden_text\">                                                          19<\/span><\/p>\n<p>fair to the respondent if such demand is allowed to <\/p>\n<p>be   raised   after   25   years,   on   account   of   the <\/p>\n<p>inaction of the petitioner.\n<\/p>\n<\/p>\n<p>23. We   do   not,   therefore,   find   any   reason   to <\/p>\n<p>interfere   with   the   judgment   either   of   the   learned <\/p>\n<p>Single Judge or of the Division Bench of the High <\/p>\n<p>Court   and   the   Special   Leave   Petition   is, <\/p>\n<p>accordingly, dismissed.\n<\/p>\n<\/p>\n<p>24. There will, however, be no order as to costs.  <\/p>\n<p>                               &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;J.<br \/>\n                               (ALTAMAS KABIR)<\/p>\n<p>                               &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;J.<br \/>\n                               (CYRIAC JOSEPH)<br \/>\nNew Delhi<br \/>\nDated: 15.03.2011<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India Delhi Devt.Authority vs Ram Prakash on 15 March, 2011 Author: A Kabir Bench: Altamas Kabir, Cyriac Joseph REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION(C)No.27278 OF 2009 Delhi Development Authority &#8230; Petitioner Vs. 2 Ram Prakash &#8230; Respondent J U D G M E N T [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-92924","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.0 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Delhi Devt.Authority vs Ram Prakash on 15 March, 2011 - Free Judgements of Supreme Court &amp; 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