BHARAT TEWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal arises out of an order dated 27.08.2007 passed by the learned ADJ whereby the Learned Additional District judge after hearing the parties and finding no merit in the Objection Petition filed by the appellant dismissed the objection petition and upheld the award passed by the Arbitrator dated 02.08.2006. The appellant, thus being aggrieved by the order of the Learned Additional District judge has impugned it before us. Hence the present appeal.

(2.) Briefly stated the facts of the case are, Appellant was allotted a parking lot at (PRS) Sarojini Nagar Railway Station, New Delhi for a period of two years w.e.f. 1.5.2003 on a payment of a lump sum amount of '14,80,005/-. An agreement to that effect was executed between the parties on 6.5.2003. The parking lot allotted to the appellant consisted of ground accommodation measuring 770 square meters at the existing site at the station. The appellant however alleged that he had deposited four months advance license fee besides a sum of '1,48,000/-towards security with Northern Railway at the station as per terms and conditions of the agreement and therefore now no license fee was due from him.

(3.) The appellants also alleged that after the allotment of parking site, he could not utilize the entire parking area, as a wall was constructed in the parking lot (near new building of reservation) by Railway Administration. Further on the closure of the gate, the vehicles were restricted from parking inside the parking lot, thus depriving appellant of almost half of the parking lot which resulted in loss of collection of parking charges to him. Appellant was also aggrieved by the fact that he was left with only an area of 330 sq. meters which he could use from 8.3.2004 till the end of the contractual period and hence was deprived of the remaining area of 440 sq. meters.