MALARVIZHI ELANGOVAN Vs. DIRECTOR OF ESTATES

JUDGEMENT

(1.) I am dealing with the aforesaid two petitions by this common judgment since the facts are more or less identical, except that the specific dates in the two cases are different. The appeals preferred by the petitioners in these two petitions under Section 9 of the Public Premises (Occupation of Unauthorized Occupants) Act ('The Act' for short) have been dismissed by the Ld. Additional District Judge by a common order impugned herein. For the present, I am narrating the relevant facts in W.P.(C) No. 19350/06 preferred by Malarvizhi Elangovan.

(2.) THE Directorate of Estates made an allotment of stall No. 4 DIZ Area, Baba Kharag Singh Marg, New Delhi in favour of one Mohd. Zaffar on licence basis on 5.8.1998. The said allotment was made after inviting a tender. The licence was valid for a period of three years. Clause 16 of the licence deed, being relevant is reproduced herein below: The allotment of the shop/stall is being made for a limited period of three years. The Government shall, however, sympathetically consider renewal of the licence for a further period of three years with a like term permitting further renewal if the licensee has not been in default of any term of the licence; provided always that the total period of licence together with renewed term shall not in any case exceed 30 years and further that the renewal of the licence, if any, shall be subject to increase in the licence fee as may be found reasonable by the Government and fulfillment by the licensee of such terms and conditions of the licences as may be prescribed by the Government from time to time.

(3.) THE partnership deed aforesaid was dissolved on 20.1.2002 and the assets and liabilities of the said firm were taken over by the petitioner. The petitioner continued to be in occupation of the stall and also continued to pay the enhanced license fee to the Directorate of Estate.