B.K. BHAGAT Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) THE petitioner impugns an order dated 24.03.2015 (hereafter the 'impugned order') passed by the District and Sessions Judge in an appeal preferred by the respondent under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereafter the 'Act'). The said appeal (being PPA No. 09/2015) was preferred by the respondent against an order dated 04.02.2013 passed by the Estate Officer under Section 5(1) and Section 7 of the Act, whereby the proceeding initiated by the respondent for eviction of the petitioner from the premises known as Hotel Asian International situated at Janpath Lane behind Janpath Hotel, New Delhi (hereafter the 'said premises'), was rejected. In addition, the Estate Officer had also issued further directions with regard to renewal of the licence with respect to the said premises.

(2.) THE petitioner contends that the petitioner has a vested right to continue in occupation of the said premises for a further period of 30 years commencing from 11.05.2007. The respondent disputes that the petitioner has any right to continue in the said premises as, according to the respondent, the licence for use of the said premises granted to the petitioner has expired and with the expiry of the licence, the petitioner's occupation of the said premises is no longer authorised.

(3.) THE Estate Officer held that the petitioner had an inherent right of renewal of the licence. The Estate Officer further set aside the order of determination of the licence w.e.f. 10.05.2007 and further set aside the respondent's demand of Rs.169 per sq. feet per month for use of the said premises after 10.05.2007.