AJAY KUMAR Vs. N.D.M.C.

JUDGEMENT

(1.) THE common thread running in this batch of petitions is the cancellation of the Licenses of the petitioners to run their shops in Gole Market, New Delhi, on the ground of non -renewal of the License and the additional ground in some of these matters is of sub -letting, with exception in case of petitioner - Shahbudin Qureshi of Shop No. 3, whose eviction is on account of the absence of a valid Trade License. An effort was made by Learned Counsel for the petitioners to put these bunch matters into seven categories by tabulating as under:

(2.) IT is not in dispute that petitioners were served to Show Cause Notice in November, 2007, and were afforded an opportunity to respond to it and the petitioners had responded to it and thereafter, order cancelling the License Deeds in question was passed in December, 2007 and March/April, 2008 and thereafter, proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 were initiated against the petitioners, which culminated in the passing of the eviction order by the Estate Officer, which was challenged by the petitioners by preferring statutory appeal and the dismissal of the petitioners' appeal by the Appellate Authority is impugned in these petitions.

(3.) MR . Rajat Aneja, Learned Counsel for petitioner - Mr. P.D. Puggal, had strenuously urged that the shops in question were let out to the allottees/licensees about four decades ago and on account of continued commercial activity, the same has resulted into accrual of precious rights in their favor and they could not be evicted by invoking the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971, as they have become legitimate tenants and so respondent - NDMC ought to have invoked the civil jurisdiction to establish its right to seek their eviction.