LAWS(JHAR)-2010-4-41

GAUTAM CHATTERJEE Vs. RANCHI MUNICIPAL CORPORATION

Decided On April 07, 2010
GAUTAM CHATTERJEE Appellant
V/S
RANCHI MUNICIPAL CORPORATION THROUGH ITS ADMINISTRATOR Respondents

JUDGEMENT

(1.) The present writ petition has been preferred mainly for the reasons that the petitioner was allotted land Municipal Survey Plot No. 1640, Ward No. I1, measuring 2800 sq. ft., situated nearby Ranchi Lake, Ranchi on licence basis for the payment of the rent at the rate referred to in the agreement Clause-2. There is also Clause-9 for renewal of the licence and therefore, application for renewal of the licence was preferred. Thereafter, a show cause notice was given for cancellation of the licence and ultimately, an order was passed at Annexure-19, by the respondents dated 10th November, 2008 whereby, it has been ordered that the petitioner should remove all his structures and should hand over the key of the aforesaid premises to Ranchi Municipal Corporation and against this order at Annexure-19, the present petition has been preferred.

(2.) Learned Counsel for the petitioner has argued out the case, in detail, and has pointed out that the petitioner had applied for grant of the land, pursuant to an order passed by this Court in W.P.(C) No. 3591 of 2006 dated 22nd August, 2006 (Annexure-2 to the memo of the petition). Thereafter, the land bearing Municipal Survey No. 1640, Ward No. II measuring 2800 sq.ft. situated near Ranchi Lake, was given to the petitioner description whereof, has been given as per 'Schedule' to the agreement (Annexure-3 to the memo of the petition) and an agreement was entered into on 12th December, 2006 between the petitioner and Ranchi Municipal Corporation. It is also submitted by the learned Counsel for the petitioner that relevant clauses of the agreement at Annexure-3, are Clause Nos. 9 and 10, which read as under:

(3.) Learned Counsel for the petitioner vehemently submitted that on the basis of the decision rendered by the Supreme Court in the case of D. Nataraja Mudaliar v. The State Transport Authority, Madras, 1979 AIR(SC) 114 in paragraph 8, that right of renewal is greater than right of grant of the licence because before renewal, there is sizeable investment and by investment, the petitioner change or alter its position, which creates estoppel by action, as per Section 115 of the Indian Evidence Act.