S K PANDEY Vs. MCD

JUDGEMENT

(1.) The above mentioned matter pertains to Section 34 of the Arbitration & Conciliation Act 1996. The petitioner Mr. S.K. Pandey was allotted a parking space by the one of Respondents, MCD, at Arya Samaj Road, Karol Bagh. The project was under the name of Remunerative Project Cell. The petitioner was to take possession of the said parking space w.e.f 31.8.2001 for 1 (one) year for a monthly remuneration of Rs.3,51,100/- per month.

(2.) The petitioner deposited Rs.14, 04,400/- towards security amount. Respondent on 31.08.2001 handed over possession to the petitioner. As per the case of the petitioner, soon after taking possession the petitioner started to face difficulty in smooth running of the parking site, as there were hindrances from the fruit sellers, roadside vendors and other occupants. The petitioner submits that a particular stretch which has been allotted to him cannot be used by him smoothly because of such encroachments. The petitioner approached concerned authorities for appropriate steps and also sent two letters to Karol Bagh Police Station dated 05.10.2001 and 09.10.2001 stating that he could not use about 60% of the total area of the parking space allotted to him and sought help. The respondent vide their letter dated 26.12.2001 directed the petitioner to clear the outstanding amount within 7 days failing which action would be initiated against the claimant/petitioner.

(3.)