LAWS(DLH)-2013-10-170

JAYANT GAS SERVICE Vs. DDA

Decided On October 03, 2013
JAYANT GAS SERVICE Appellant
V/S
DDA Respondents

JUDGEMENT

(1.) THIS writ petition has been filed by the Petitioner No.2 averring that she was allotted a gas agency on 04.10.1973 by the Indian Oil Corporation Ltd. (IOC). Subsequently, in the year 1973 she was also allotted a godown, that is, site no.2, measuring 270.85 sq. mts., near Hari Nagar Bus Depot, New Delhi on licence basis. The initial licence fee was Rs.1500/ - per annum. The same was, however,

(2.) INCREASED to Rs.1750/ - per annum sometime in early 80's. The grievance of the Petitioner is that since the year 1999, some illegal demands are being raised by the DDA without any basis. It is stated that in the year 1999, the DDA started raising a demand of Rs.38,000/ - per annum. Now, a letter dated 23.03.2010 is issued by the DDA to the Chief Divisional Manager, IOC informing IOC that a sum of Rs.2,03,614/ - is due from the Petitioner as licence fee upto 31.03.2010. The said letter was forwarded by the IOC to the Petitioner. The Petitioner also refers to an earlier letter dated 13.10.2009 written by the Assistant Director, (PP)/CL, DDA to the Chief Area Manager, IOC whereby the IOC was informed that a sum of Rs.9,000/ - (provisionally) was payable by the Petitioner as licence fee up to 31.12.2009. Obviously, the IOC had forwarded this letter also to the Petitioner. The Petitioner had vide letter dated 11.11.2009 made a representation to the DDA disputing the said figure of Rs.9,000/ - being payable by him towards the licence fee to the DDA. The Petitioner had also asked for the details of the outstanding amount along with date when the amount became due. The Petitioner had then again approached the DDA by a letter dated 17.12.2009 stating that on reconciliation of the account only a sum of Rs.1315/ - had been found to be payable by the Petitioner which the Petitioner had deposited by a challan no.64590 dated 15.12.2009.

(3.) LEARNED counsel for the DDA draws my attention to the statement of accounts filed by the DDA wherein the details of the amount payable have been given.