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1986 Supreme(Del) 164

S.RANGANATHAN, YOGESHWAR DAYAL
PAWAN KUMAR TANDON – Appellant
Versus
NEW DELHI MUNICIPAL COMMITTEE – Respondent


Advocates Appeared:
AJIT SINGH, B.J.NAYAR, GOVIND MUKHOTY, R.K.AGARWAL

( 1 ) THESE two writ petitions arise out of similar facts and can be disposed of by a common order. They raise the question whether the disconnection of supply of electricity to shop Nos. 263 and 264 in the Palika Bazar at Connaught Place, New Delhi is justified or not.

( 2 ) THE shops in Palika Bazar are owned by the New Delhi Municipal Committee ( ndmc for short) which is also the licencee under the Electricity Act responsible for supply of electricity in New Delhi area. The NDMC had granted licences in respect of shop Nos. 263 and 264 in favour of (a) Pawan Kumar Tandon and (b) Babu Shah Snacks Bar, a partnership comprising of two partners, namely, Bharat Bhushan Bansal and Mahesh Chand Rastogi respectively. The licence was in terms of two licence deeds containing the same terms and conditions the relevant provisions of which are set out below :

"1. That the licence should be for a period of five years from 27-1-1979/5-3-1979 and thereafter will be renewable (sic) to increase the rate of licence fee by 10% and on the terms and conditions as may be laid down by the licenser. "

"6. That the licensee (s) shall not permit the allotted premises or any part thereof being used by any

















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