SARDAR JAGAT SINGH Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) The petitioners are licensees of telephone booths / taxi booths near Hotel Imperial, Janpath, New Delhi. The grievances of the petitioners arise from the impugned orders passed cancelling the allotment.

(2.) Learned counsel for both the parties agreed that the writ petition bearing WP (C) No. 4001/2000 be treated as the lead matter for the purpose of hearing since there were no material factual differences and the principles sought to be contended by the respective parties were the same. In the said writ petition, it has been stated that there was an allotment of shop made on a plot opposite Imperial Hotel where now Chandralok Building has been constructed by the respondent / NDMC. At the stage when a project of Chandralok Building was taken up, petitioner No. 1 was shifted outside the Imperial Hotel and was allotted a masonary taxi booth No. 7 at 36, Janpath, New Delhi comprising an area of 6' x 14' on a monthly licence fee of Rs.75/-. The said masonary structure is stated to be constructed and provided by the NDMC and included a loft for the purpose of storage of spare parts of the taxis. In the year 1968, at the request of petitioner No. 1, the respondents are stated to have allotted a further space of 6' x 4' at the back of taxi booth vide order dated 26.12.1968 w.e.f. 01.04.1968 on payment of damage charges amounting to Rs.12/- per month @ Rs.0.50 per sq.ft. on the condition that the structure on the back space would become the property of NDMC. It may, however, be noticed that the letter dated 26.12.1968 itself states that the allotment is purely temporary and will not be sublet to any person for any trade. The contents of the letter dated 26.12.1968 are reproduced hereunder:

(3.) That a further order dated 21.02.1979 was issued by the respondent NDMC for regularisation of occupation of the additional space as well as construction carried out by petitioner No. 1 by enhancing the licence fee from Rs.75/- per month to Rs.300/- per month. This was, however, revised vide letter dated 24.04.1980 to Rs.150/- per month w.e.f. 01.06.1978 on the request of the petitioners.