MOHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal is concerned with a quadrangle which exists contiguous to the shop No.207, Mohan Singh Market, INA, New Delhi. The father of the appellant herein was allotted the aforesaid shop No.207 in the year 1968 at a monthly licence fee of Rs.235/- by the Union of India.

(2.) A notice was issued by the Government of India on 6/7th December, 1974 to Moti Singh, the father of the appellant, that since he had trespassed into the Government property viz. the quadrangle not licensed to him, the licence granted to him in respect of the shop No.207 stood revoked. It was also intimated to him that occupation, if any, subsequent thereto would be considered as unauthorised. It was also stated that if he desires to take the aforesaid shop as also the quadrangle on a licence, he may file a representation to the Government. Pursuant to the aforesaid demand raised by the Government, Moti Singh complied with the demand, upon which it was alleged that his occupation of the shop and also quadrangle was regularised in his favour. A letter is placed on record by the appellant, which states that the licence deed executed by Moti Singh in respect of the aforesaid shop No.207, Mohan Singh Market has been accepted on behalf of the President of India. This is, however, without prejudice to the Government's right to take any action, including cancellation of allotment, for breaches already committed or to be committed in future by way of additions/alterations/encroachments etc.

(3.) Moti Singh died on 31st January, 1985 whereupon the appellant sought transfer of the licence to his name. The said request of the appellant was accepted by the Government and on 12th September, 1985, Government of India transferred the licence in favour of the appellant, in respect of property being shop No.207 and the quadrangle No.IV. The appellant complied with the documentation formalities required by the Government. Licence fee was revised from time to time.