HARISH KUMAR SHARMA Vs. MCD

JUDGEMENT

(1.) PRESENT writ petition has been filed by petitioner under Articles 226 and 227 of the Constitution of India seeking a writ, order or direction directing the respondent to allot an alternate parking site to the petitioner in lieu of car/scooter parking site allotted to the petitioner at Basement Municipal Market, Saraswati Marg, New Delhi. The petitioner also seeks a direction to the respondent to refund the entire license fee of Rs.12,40,440/- deposited by the petitioner on 30.12.2010 along with interest.

(2.) PLEADINGS in this matter are complete. Learned counsel for the parties submit that present writ petition may be disposed of at this stage itself.

(3.) THE brief facts, to be noticed for disposal of the present writ petition, are that on 19.9.2010 the respondent MCD invited tenders on a prescribed form for allotment of approximately 221 MCD authorized car/scooter parking sites in Delhi on license fee basis for a duration of two years including a car/scooter parking site at Basement Municipal market, Saraswati Marg, New Delhi. The last date of submission of tender was 7.10.2010, however, the respondent vide its notice dated 5.10.2010 notified that due to administrative reasons the date for submission of the tender had been postponed to 11.10.2010. Petitioner being interested in running the car/scooter site at Basement Municipal Market, Saraswati Marg, purchased the tender form and filed the same with the respondent on 11.10.2010. Along with the application form, the petitioner also deposited the earnest money on 11.10.2010 and also offered a monthly license fee of Rs.1,01,101/- for operating and running the aforesaid parking site. Since, petitioner's offer was the highest the same was accepted and a provisional offer letter dated 15.12.2010 was issued by the respondent to the petitioner to run the said site for a period of two years at a monthly licence fee of Rs.1,01,101/- plus TCS of 2.244%. By the aforesaid letter the respondent required the petitioner to deposit in the first year the complete license fee for the year to be paid in the form of a demand draft. After completion of the first year the petitioner was required to deposit license fee for another year with 10% enhancement in the MLF. The petitioner deposited a sum of Rs.12,40,440/- with the respondent towards the first year's advance monthly license fee on 23.12.2010. A request was also made by the petitioner to the respondent to hand over vacant possession of the site. On 6.1.2011 respondent handed over vacant possession of the site at 6.00 p.m. to the petitioner, however, the said possession was only handed over on paper and no physical possession was handed over to the petitioner. Respondent vide communication dated 6.1.2011 informed the SHO of Police Station Karol Bagh that the parking site had been allotted to the petitioner for one year and requested him to extend full cooperation to the contractor for operating the parking site. Possession was again handed over to the petitioner on 23.5.2011 only on paper.