SRIDHAR GUPTA Vs. N D M C

JUDGEMENT

(1.) The petitioner, Mr. Sridhar Gupta, by way of present writ petition has challenged eviction order dated 17th June, 2004 passed by the Estate Officer and the order dated 29th January, 2008 passed by learned Additional District Judge dismissing his appeal under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (the Act, for short).

(2.) In 1969 the petitioner was allotted space in Yashwant Place, Chanakyapuri, New Delhi for a period of five years on monthly licence basis. It is accepted and admitted that the said licence has expired and has not been renewed. The petitioner was defaulter in payment of licence fee and the licence was cancelled with effect from 18th March, 1970. Eviction proceedings initiated against the petitioner under the Act were set aside by learned Additional District Judge on account that President, NDMC was not empowered by any resolution of the Municipal Committee to order cancellation.

(3.) After the licence term had expired by afflux of time, the respondent-NDMC again initiated eviction proceedings before the Estate Officer on 6th January, 1982. While these eviction proceedings were pending, some of the traders operating from Yashwant Place, Chanakyapuri, New Delhi approached the Supreme Court by way of a writ petition. Eventually, these proceedings were closed in July, 1996. On 8th December, 1998, the respondent-NDMC issued a notice calling upon the petitioner to pay a sum of Rs. 3,30,059.42 as arrears towards damages and Rs. 5,45,535/- as interest. This was followed by an eviction notice. Subsequently on 19th November, 1999, the amounts claimed were reduced. The petitioner deposited the said amounts as demanded in the first part of the year 2000. However, NDMC did not renew the licence of the petitioner. The petitioner thereupon filed a writ petition in this Court, which was disposed of with a direction to the respondents to consider the representation of the petitioner for extension/renewal of the licence by way of a speaking order.