Mr. Manzoor Ahmed, Advocate concedes that the non-utilization fee is chargeable from the date when possession was handed over to the party. He was confronted with the occurrence report dated 20.07.2005 signed by the Additional District Officer (ADO) CDGK which reflects that the petitioner's plot was also encroached and the encroachment was removed and possession was handed over to the petitioner on 20.07.2005. Mr. Manzoor Ahmad, Advocate, does not dispute the contents of the occurrence report dated 20.07.2005.
2. Ln view of fact that non-utilization fee is chargeable from the date of the possession, which in the petitioner's case would reclaim from the date of occurrence report as the possession of the plot was handed over to the petitioner on the same date at site. Accordingly, we allow this petition with the direction that the City District Government will charge the non-utilization fee from the petitioner from 20.07.2005.