ANTRA RAJYA BUS ADDA SAMACHAR PATRA VIKRETA UPBHOOKTA CO-OPERATIVE STORE SOCIETY LTD Vs. NATIONAL CAPITAL TERRITORY OF DELHI

JUDGEMENT

(1.) THE present Letters Patent Appeal has been filed challenging the judgment and order dated 26th February, 2010 passed by the learned Single Judge whereby he has dismissed the Appellant's writ petition being W.P.(C) No.3677/1992 with costs of Rs. 10,000/-.

(2.) BRIEFLY stated the relevant facts of the present case are that in 1977, Appellant-co-operative society was granted a licence by Delhi Development Authority (hereinafter referred to as "DDA") to sell newspapers, magazines, books in two shops bearing Nos. S-31 and S- 62 at the Inter State Bus Terminus, Kashmere Gate, New Delhi (hereinafter referred to as "ISBT Complex") on a monthly licence fee of Rs. 1700/- and Rs. 1874/- respectively. The said licence was for a period of five years. Subsequently, the Appellant was also permitted to sell newspapers, magazines, books on six trolleys for each shop at a monthly fee of Rs. 75/- per trolley. Clause 24 of a similar Licence Agreement dated 10th November, 1993 upon which the Appellant placed heavy reliance is reproduced hereinbelow:-

(3.) IN 1988, the Appellant sought a renewal thereof on the same terms. Their request was declined. However, subsequently they were permitted by DDA to run their business from the premises occupied by them, provided they furnish an undertaking that they would pay the licence fee as may be determined by DDA. On 12th January, 1989, the said undertaking was promptly furnished. Accordingly, DDA (then managing the Bus Terminal) permitted the Appellant to continue on licence basis with the condition that the licence fee as may be determined by them would be paid by the Appellant. The licence fee was determined by DDA in 1991. A demand was raised for payment of licence fee as per the revised rates. However, instead of paying the demand, the Appellant impugned the same in a writ petition in 1992.