SOUTH DELHI MEDICOS Vs. NEW DELHI MUNCIPAL COUNCIL

JUDGEMENT

(1.) THESE two writ petitions raise similar questions of law and fact and consequently are being disposed of by this common judgment.

(2.) THE writ petitions were filed against the New Delhi Municipal council created under the provisions of the New Delhi Municipal Council act, 1994 and performing functions thereunder.

(3.) IT is necessary to consider certain essential facts leading up to the filing of the writ petitions which are noticed hereafter. So far as the writ petitioner in W. P. (C) No. 7728/2007 is concerned, on or about 20th February, 1986 the NDMC had allotted a kiosk to the petitioner no. 1 - South Delhi medicos in the year 1987. Allotment of this kiosk was transferred to the sole name of the petitioner no. 2 - Ms. Shashi Bala Gupta, by a letter of allotment bearing no. D/212/estate dated 31st January, 2006 on terms and conditions set out in the licence deed executed between the parties on 20th February, 1986. It is an admitted position that the licence granted to the petitioner was for the purposes of running the trade of 'chemist' in the name of M/s south Delhi Medicos, the petitioner no. l in the kiosk in question. It was so stated in the licence agreement. The period of the licence in the agreement was from 31st July, 2004 to 31st March, 2011.