RAVINDRA SINGH Vs. UOI AND ANR

JUDGEMENT

(1.) Both the above -noted writ petitions are in the similar facts and are disposed of together.

(2.) Petitioner -Maj.Ravindra Singh (Retd.) was allotted Shop No. 33, Shopping Complex, Shankar Vihar, Delhi Cant, New Delhi ­ 110010 (hereinafter referred to as the ,,shop in question) for running a cyber café on temporary basis for a period of eleven months, that is, with effect from 20 th April, 2001 to 19th March, 2002. A license deed was executed on 20th April, 2001 between the President of India through Station Commander and the petitioner. The license was renewed from time to time and finally expired on 17th March, 2008. Thereafter, license was not renewed in view of the Standing Operative Procedure for Management and Control of Shopping Complexes at Delhi Cant (for short, ,,2007 SOP) dated 13th April, 2007, whereby occupation of allotted shops was restricted for a period of five years. Vide notice dated 30th September, 2010 petitioner was given one month time to vacate the shop but he did not do so. Accordingly, a notice dated 20th May 2011, under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as ,,the Act), was issued by the respondent no. 2. In response to the said notice, petitioner, vide reply dated 28th June, 2011, represented that shop in question was due for renewal after 17th March, 2008 and requested for renewal of the license. However license was not renewed. No fresh license deed was executed. Proceedings for eviction under the Act were initiated by the Estate Officer, which culminated in the eviction order dated 20 th August, 2011. Aggrieved by the said order, petitioner preferred appeal bearing PPA 20/11, which has been dismissed by the judgment dated 12th December, 2011, impugned in WP(C) No.5/2012.

(3.) Petitioner -Capt. H.S. Atri (Retd.) was allotted Shop No. 38, Shankar Vihar Shopping Complex, Delhi Cantt. (hereinafter referred to as the ,,shop in question) for running a frozen food shop on temporary basis for a period of eleven months, that is, from 19th April, 2001 to 18th March, 2002. A license deed dated 19th April, 2001 was executed between the petitioner and President of India through Station Commander. Subsequently, license was renewed from time to time. License period expired on 26th November, 2006 as license was not renewed thereafter. Vide notice dated 30th September, 2010 respondent was called upon to vacate the shop within one month. However, shop was not vacated by the petitioner, therefore, proceedings under Section 4 of the Act were initiated before the Estate Officer, which culminated in the eviction order dated 20th August, 2011. Petitioner preferred appeal bearing no. PPA 19/11 before the District Judge, South West District, New Delhi against the eviction order, which has been dismissed the judgment dated 12th December, 2011, impugned in WP(C) No.18/2012.