SANJEEV KUMAR Vs. NEW DELHI MUNICIPAL COMMITTEE

JUDGEMENT

(1.) THE petitioner has sought quashing of order dated 21st August, 2009 passed by Sh. S. P. Garg, Additional District Judge dismissing the appeal of the petitioner against the order dated 12th November, 2007 passed by the Estate officer directing the petitioners to vacate the premises and also to pay the damages.

(2.) THE petitioners had contended that a license was given to Smt. Chandrawati for pan Thara No. 23, South Block, Dalhousie Road, New Delhi on a monthly license fee of Rs. 300/ -. The license was valid up to 4th February, 1989. The petitioner no. 1 had entered into a partnership with petitioner No. 2, however, after the expiry of the license on 4th February, 1989, which was not renewed by the petitioner No. 2, had handed over part of the possession to petitioner no. 1 without obtaining any permission from respondent/ndmc. The allegations were also made against the petitioners that they also carried out extensive addition and alternation and started trade of selling items like sweets, pastries, cold drinks, samosa etc by using LPG gas and they also allegedly changed the trade of business. The respondent also received reference from Ministry of Defence that the premises which was on license with petitioner No. 2 was a security threat for the Prime Minister and, therefore, possession of the licensed premises whose license had expired on 4th february, 1989 was taken. The petitioners had filed the civil suits, however, the relief claimed by them for restoration of the possession and injunction was denied by the Civil Court and the appeals filed to the High Court and the supreme Court were dismissed. The proceedings under the Public Premises Act were also initiated against the petitioners. In the eviction proceedings the petitioners were proceeded ex-parte after considerable time, as the petitioners took considerable time to file the reply/response and on subsequent dates neither the petitioners nor their lawyers appeared before the Estate Officer.

(3.) AN order under Section 4 was passed upholding the eviction order passed against the petitioner and an order for recovery of outstanding amount of Rs. 2,27,246/- was also passed by order dated 12th November, 2007.