VIJAY KUMAR Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) This intra-court appeal impugns the order dated 16.02.2010 of the learned Single Judge of dismissal of W.P.(C) No.18490/2006 preferred by the appellant. The said writ petition was preferred by the appellant impugning the order dated 19.10.2006 of the Additional District Judge exercising powers as an Appellate Authority under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PP Act), dismissing the appeal preferred by the appellant against the order dated 20.07.2006 of the Estate Officer of the respondent NDMC directing the appellant to hand over vacant and peaceful possession of the shop No.243, Palika Bazaar, New Delhi to the respondent NDMC and to also make payment to the respondent NDMC of Rs.1,50,93,898/- as arrears of Licence Fee, damage and interest for the period 01.02.1982 to 31.01.2006 and subsequent damage at the rate of Rs.40,126/- per month and interest @ 12% per annum on the principal amount of arrears upto 30.06.2006.

(2.) This appeal came up first on 12.05.2010 when it was ordered that the appellant should first deposit the admitted liability of about Rs.32,00,000/- plus 6% interest thereon as well as the costs imposed by the learned Single Judge with the Registrar of this Court and the appeal will be taken up for consideration thereafter. The subsequent order dated 16.09.2010 records that the amount was deposited by the appellant. Accordingly notice of the appeal was issued and the amount deposited permitted to be withdrawn by the respondent NDMC and NDMC directed to maintain status quo as existing on that date with respect to the said shop and which order has continued to be in force. On the next date i.e. 30.11.2010, the writ records were requisitioned. The appeal was admitted for hearing on 21.05.2012 and though was dismissed in default of appearance of the appellant on 05.10.2012, was subsequently restored. We have heard the counsels for the parties.

(3.) The licence of the aforesaid shop was granted to the appellant in or about January, 1982 for a period of five years only in consequence of the appellant submitting the highest bid of Licence Fee of Rs.17,838/- per month for the said shop. The appellant however instead of paying the monthly Licence Fee for which he had submitted the tender / bid and which was accepted, immediately after coming into use of the shop instituted a suit in the Court of the Civil Judge, Delhi impugning the liability to pay the said Licence Fee. Vide interim order dated 24.06.1982 in the said suit, the respondent NDMC was restrained from recovering from the appellant any amount in excess of the minimum reserved Licence Fee as per the notice inviting tenders. While the said suit was still pending, the respondent claims to have issued a notice dated 15.09.1983 to the appellant to show cause as to why the allotment of the shop in his favour be not cancelled for the reason of the appellant having in violation of the licence condition encroached upon the public passages in front of the shop. In this regard, it may be mentioned that Palika Bazaar, New Delhi where the said shop is situated is an underground air-conditioned market in Connaught Place in the heart of the city of Delhi.