LAWS(DLH)-2000-12-25

RAMESH BHUTANI Vs. CHAIRMAN NDMC

Decided On December 08, 2000
RAMESH BHUTANI Appellant
V/S
CHAIRMAN, NDMC Respondents

JUDGEMENT

(1.) Petitioner's grievance emanates out of the refusal of the NDMC to permit him the clubbing of two stalls. Petitioner was anxious for getting this clubbing permission since for a chemist shop he needs a minimum space of over 100 sq. ft.

(2.) To come to the bare essentials, the permission has been refused by the NDMC on the ground that as per their policy, clubbing may be permitted only in cases on individual merit when it concerns stalls in marketplace. This again is made subject to payment of enhancement in licence fee by 30% in respect of each unit involved in the clubbing. Learned Counsel for the petitioner states that petitioner was always willing to pay the enhanced licence fee but clubbing was arbitrarily not permitted while it has been permitted in the case of stalls at Safdarjung Hospital.

(3.) An earlier Writ Petition No. 5188/99 filed by petitioner was disposed of requiring the petitioner to submit his representation to the authorities. Pursuant to the said writ petition, petitioner made his representation. Thiss was followed by affording an opportunity of a personal hearing. Thereafter impugned order dated 23.3.2000 was passed by the Director (Enforcement).