A K SABHARWAL Vs. N D M C

JUDGEMENT

(1.) The petitioner on basis of bid @ Rs. 10.26 per sq.ft. was allotted flat No.203, Palika Bhawan Complex, New Delhi by the respondent NDMC for a period of five years. Possession of the flat was handed over to the petitioner on 6th June, 1984. Thereafter a written licence deed dated 15th November, 1984 was also executed. The said licence deed stipulated that the petitioner would pay a sum of Rs. 5,932/- per month for the said flat. Clause-1 of the licence deed further provided that licence was for a period of five years and would be renewable for a further period of 5 years subject to enhancement of licence fee by 15% and on the terms and conditions as may be laid down by the licensor.

(2.) The petitioner paid the licence fee @ 5,932/- per month till July, 1987. Thereafter, the petitioner stopped paying the licence fee. The petitioner vide letter dated 8th September, 1986 raised an objection that the actual covered area of the flat was 469 sq. feet and not 578.14 sq. feet and accordingly as per the tender he was liable to pay licence fee of Rs. 4,812/- per month. The petitioner relied upon clause III of the conditions of the tender document that the licence fee would be charged for the covered area and on as is where is basis.

(3.) The contention of the petitioner was that balcony or projection/chhajja outside the flat of the petitioner should not be included in the covered area and should be treated as common area. On the other hand, the contention of the respondent, NDMC was that the said balcony was accessible to the petitioner and a part of the flat, therefore, should be included in the total covered area.