NEW DELHI MUNICIPAL COMMITTEE Vs. RAJENDER PRASAD JAIN

JUDGEMENT

(1.) This appeal has been filed by the appellant-NDMC against the order dated 4th May, 1989 passed by the learned Single Judge allowing the writ petition filed by the respondent herein. Challenge is made only to that part of the order whereby the learned Single Judge had restrained the NDMC from realising licence fee from the respondent for the period during which the premises in question remained uninhabitable.

(2.) The respondent was allotted premises at underground Palika Parking at Connaught Place, New Delhi by the appellant-NDMC after inviting tenders.

(3.) Property was allotted to the respondent on monthly licence fee basis on 15th May, 1987, before which the respondent had deposited the security amount and two month"s advance licence fee. However, it was found that the said premises was not habitable. Accordingly, it was pointed out by the respondent to the appellant by writing various letters that he would be liable to pay licence fee only if the said premise is made habitable. The respondent did not pay arrears of licence fee and took no steps to execute the licence deed.