Madan B. Lokur, J.

1. The Delhi Development Authority (for short DDA) is aggrieved by a judgment and order dated 17th August, 2007 passed by a learned Single Judge in WP(C) No.

2. The broad facts of the case are that the respondent his mother and wife purchased a property bearing No.7, Community Centre, East of Kailash, New Delhi in an open auction held by the DDA on 10th August, 1969. Possession of the property was then given to the purchasers and a lease deed was also executed in their favor by the DDA.

3. After the demise of the Respondent?s mother and wife, the property devolved upon the Respondent and other legal heirs.

4. On 17th February, 2004 the Respondent and other legal heirs requested the DDA to mutate the property in their favor. In response, the DDA sent a letter dated 20th May, 2004 raising a demand for misuse charges to the extent of Rs. 8464/2006.

1.78 crores for the period from 30th July, 1983 to 5th February, 2003. It was stated by the DDA that in the event misuse charges were not paid, action would be taken in respect of the property under the terms and conditions of the lease deed. The Respondent was also asked by the DDA to remove the misuse. The Resp