GIRDHARI LAL M ADVANI Vs. ESTATE OFFICER

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India questions the order of the Additional District Judge dated August 28,1990, whereby the matter has been remanded to the Estate Officer for allowing the petitioner to cross-examine certain witnesses and to conclude the proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act,1971 (for short "the Act").

(2.) The facts giving rise to the petition are as follows:

(3.) On November 27,1984 the second respondent invited tenders for allotment of a centrally air conditioned restaurant in Palika Parking for five years on licence basis. Pursuant to the invitation,the petitioner submitted his tender. According to the said tender, the petitioner offered to pay a licence fee of Rs.1,20,203.00 per month for the premises in question. Besides he also agreed to pay the air conditioning charges to be determined by the second respondent. The tender of the petitioner being the highest was accepted by the second respondent. On January 27,1985 possession of the premises was also handed over to the petitioner where he is running a restaurant under the name and style of "Treat". Thereafter a licence deed was executed by and between the second respondent on the one hand and the petitioner on the other on March 13, 1985 to formalise the arrangement. However,it seems, that the petitioner was not satisifed with the dimension of the area handed over to him. The area was measured and it was found that instead of 5424 sq. mts.an area of 5122 sq. mts. was handed over to the petitioner. Having regard to the fresh measurements the licence fee was reduced by the second respondent on the basis of the actual area handed over to him and was re- fixed at Rs.1,19,186.00 per month. It was also one of the terms of the licence deed that in case the petitioner made the payment of licence fee by the 10th of each calender month, a rebate of Rs.5,676.00 would be given to him. The petitioner, however, could not make the stipulated payments with the result that he fell into arrears. On April 17,1986 a notice was given by the NDMC to the petitioner for payment of arrears of licence fee amounting to Rs.8,88,404.37. From this notice a saga of litigation started which can be divided into four phases.These phases are: First Phase;