AVAT RAM MAMTANI Vs. N D M C

JUDGEMENT

(1.) The petitioner, an allottee of stall no. 46, Municipal Market, Jan Path, New Delhi, challenges the demand notice dated 18.1.2005 issued by the New Delhi Municipal Council ('NDMC'), calling upon him to pay Rs.4,58,823/- on account of licence fee for the period ending in January 2005. There are further prayers made in the alternative: either the shop should be declared to be continuing in the name of the petitioner exclusively or be transferred in the name of son of the petitioner either exclusively or jointly with the petitioner without enhancement of the licence fee or that it should be transferred exclusively to the son with 30% enhancement in the existing licence fee as per the policy dated 18.3.1999 with prospective effect. Pleadings of the parties

(2.) The facts leading to the filing of this writ petition are that shop in question was allotted to the petitioner in 1950. In 1992, the petitioner requested that the shop be transferred in the name of his son, Shri Bhim Sen Mamtani. The petitioner and his wife conveyed that neither of them had objection to this transfer. Two years later, on 18.3.1994, the petitioner was asked to confirm that he had given his no objection for transfer of allotment in favour of his son. The petitioner gave his confirmation by letter dated 22.3.1994.

(3.) By a letter dated 4.5.1994, the son of the plaintiff was informed that he should visit the office of the NDMC within 7 days for executing fresh licence deed, affidavit to the effect that he did not own any shop in Delhi, to make a fresh security deposit of Rs.5040 and pay municipal charges of Rs.1260/- from 30.3.1993 onwards. The petitioner's son on 9.5.1994 made security deposit and signed licence deed. He also deposited a sum of Rs.35,000/- towards monthly charges and interest with effect from 30.3.1992.