DEEPAK KUMAR PATHAK Vs. MCD

JUDGEMENT

(1.) The two petitions were being listed together for hearing on the contention of counsels that they entailed similar question. However, factual matrix being different, facts thereof are set out separately.

(2.) The fourteen petitioners are the occupants of the stalls allotted in the year 1983 by the Slum & J.J. Wing, then of the DDA, subsequently of the MCD and now succeeded by the Delhi Urban Shelter Improvement Board, in Lakshmi Market, Madangir, Main Road near Khanpur Depot. It is the case of the petitioners that the said stalls were allotted on "License Fee Basis" with the license fee at the time of allotment of '25/- per month. The petitioners claim that about the same time stalls were also allotted on similar basis in Sidharth Market and G-Block Market, also in the Madangir area. The petitioners claim that in the year 1986 the allotment of the stalls in Sidharth Market and G-Block Market was converted from "License Fee Basis" to "Permanent Lease Basis" upon payment of four times the original cost of the stalls. It is stated that thus a sum of '9,000/- only was demanded and collected from each stall holders. The petitioners claim that they were also informed at that time that their stalls would also be similarly converted from "License Fee Basis" to "Permanent Lease Basis" and representations in this regard were also submitted by the petitioners.

(3.) The petitioners however claim that conversion was not allowed in Lakshmi Market only for the reason that the papers of Lakshmi Market had been misplaced in the office of DDA. The petitioners rely upon an inter office memo dated 5th February, 1992 in this regard.