SATISH KUMAR Vs. MCD

JUDGEMENT

(1.) This writ petition is by a person operating a kiosk in Mayur Vihar Phase I, selling fruit juice pursuant to a valid licence issued to him by the respondent Municipal Corporation of Delhi (MCD). Earlier the petitioner had been operating a kiosk near the Madhuban Chowk, opposite Bank of India and in June 2003, the MCD required him to abandon the said kiosk and shift location to Mayur Vihar, Phase-I by an order dated 2.6.2003.

(2.) Thereafter when the said permission was sought to be revoked without any notice to the petitioner, it required the intervention of this Court by means of an order dated 10.9.2003 in WP(C) No. 4629/2003 to quash the revocation for being in violation of the principles of natural justice. Then, a letter dated 3.2.2004 was issued to him confirming a kiosk at the new site. Again, when the petitioner found that he could not set up his kiosk at the new place, he had to once again approach this Court which by an order dated 1.3.2004 in W.P. (C) No. 7324/2003 directed the MCD to implement "all the obligations contained in their letter dated 3.2.2004" Ultimately, the possession of the said kiosk was handed over to the petitioner on 22.4.2004 Since then he has been selling fruit juice from the said kiosk at Mayur Vihar Phase I.

(3.) On 5.12.2006, the petitioner deposited the licence fee of Rs.21,000/-, and on 10.1.2007 and his licence was renewed for a period of five years from 7.12.2005 to 6.12.2010. This was done by the following letter addressed to him by the Administrative Officer, Shahdara Zone, MCD:- "No. 56/AO/SHJ/2007 Dated: 10.1.07 To Shri Satish Malik, C-444, Nirman Vihar, Delhi-92. Subject:-Renewal of Kiosk 17,Bhagyawan Apartment, Mayur Vihar Phase-I Sir, Deputy Commissioner, Shahdara (South) Zone has been pleased to renew the licence of your kiosk at 17, Bhagyawan Apartment, Mayur Vihar, Phase-I for five years 7.12.2005 to 6.12.2010. You are hereby directed to deposit the renewal licence fee @ Rs.6000/- pm. which have been enhanced 50% from Rs.4000/- to Rs.6000/- as per terms and conditions of the license. Sd/- Admn. Officer Shahdara (South) Zone Copy to:- 1.Dy. Commissioner, Sh(S) for kind information. 2.AC/Sh(S)for kind information. 3.Office copy."