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1994 Supreme(Del) 693

K.S.BHATT
SUNAIR HOTELS LIMITED – Appellant
Versus
NEW DELHI MUNICIPAL CORPORATION – Respondent


Advocates Appeared:
A.K.SHARMA, ARUN JAITLEY, H.P.SHARMA, MAEHSVAR DAYAL, MUKUL ROHTAGI, NAVIN BATRA, SANDiP SETHI, V.D.MAKHIJA

K. Shivashankar Bhat

( 1 ) IN C. W. 2197 of 1990 (REFERRED TO as the I W. P.) the petitioner seeks the quashing of a communication dated 10. 7. 1990 (Annexure P-1); at the same time, petitioner seeks protection of its possession of a Hotel Site. Under another prayer, a declaration is sought that payment of license fee shall commence qua the aforesaid Hotel site when possession of the entire site is handed over to the petitioner.

( 2 ) PETITIONER is a public limited company. Initially it was allotted a site to construct a hotel of not less than 3 star standard, at Mandir Marg, New Delhi, in the year 1977; the allotment was out of successful bid at an open auction. When the petitioner commenced construction, allotment was cancelled. In view of the earlier allotment, another site (which is the subject matter of the present writ petition) was allotted on 9. 12. 1982, measuring 7109 Sq. Yds. at Gole Market. An agreement called license deed was executed on 8. 12. 1982. The built area of the hotel was to be 80,000 Sq. Ft. having a rating not less than 3 star. Building was to be put up by 31. 10. 1986. Annual license fee of Rs. 34,01,400. 00 was payable. Petitioner was not given the full ex












































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