MOHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant had filed W.P.(C) No.4179/2007 impugning the order dated 11th May, 2007 of the Director of Estates, Govt. of India revoking the license earlier granted to the appellant in respect of Quadrangle No. IV, Mohan Singh Market, INA, New Delhi. The learned Single Judge has vide impugned judgment dated 10th August, 2011 dismissed the writ petition holding:-

(2.) We may notice that Mohan Singh Market is in the shape of a quadrangle with the shops opening in covered verandah all around the market and with their rear towards a "small central quadrangle". The appellant is a licencee of shop No.207 in the said market. He/his father were given licence with respect to the "small central quadrangle" known as Quadrangle No. IV behind their shop and which licence of the quadrangle alone has now been cancelled. The lincence with respect to the shop No.207 subsists. It is not in dispute that the said quadrangle contains all drainage including gully traps and manholes with underground drainage pipelines from where the waste water is taken out to the Municipal drains. The order dated 21 st September, 2007 dismissing the LPA No.393/2006 (earlier preferred by the appellant challenging the show cause notice and seeking a direction for grant of ownership rights in the said quadrangle) records that the quadrangle was in fact a service area for all the shops in the market and if the ownership rights with respect thereto are given to one person or if the same is blocked from all sides, the quadrangle area will not be available for maintenance when it was a common area for circulation/ventilation.

(3.) The licence earlier granted to the appellant of the said quadrangle has been cancelled on the ground that though the appellant as a term of the licence was required to provide access through his shop to the said quadrangle for carrying out of the common maintenance but had blocked the entire area of quadrangle in such as way that the maintenance and cleaning work thereof could not be carried out.