KALPANA SALUNKE Vs. JABALPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India challenging the order dated 19 -3 -1999 (Annexure P -13) of the respondent No. 1 by which license fee has been enhanced to Rs. 1642/ - per month and the petitioner has been asked to pay Rs. 69,982=00 as arrears.

(2.) THE petitioner was allotted shop No. 3 at Adhartal in Scheme No. 3 having an area of 290 Sq. ft. on license fee of Rs. 225/ - per month as per agreement dated 2 -8 -1987 (Annexure P -2) with effect from 25 -7 -1987. The period of this agreement was two years. There was a renewal clause. The respondent No. 1 reserved a right as per Clause 6 of the agreement to increase the license fee 'not exceeding 50%' at the time of renewal. This was subject matter of interpretation in M.P. No. 2534/93 when the petitioner and the licensees of other shops challenged the increase. It was held by order dated 24 -4 -1997 (Annexure P -4) that the respondent No. 1 could increase the license fee as per Clause 6 of the agreement.

(3.) THE case of the respondents is that the increase in the license fee has been upheld by this Court in the writ petition mentioned above and that decision operates as res judicata. The demand made by the respondents by various notices is in conformity with this decision. On failure to pay the arrears and enhanced license fee the shop has been locked and its possession has been taken over with the help of the police force. That has been restored to the petitioner because of the interim order of this Court.