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2008 Supreme(Del) 681

S.RAVINDRA BHAT
HEERA MIDHA – Appellant
Versus
INDIAN TOURISM DEVELOPMENT CORPORATION – Respondent


Counsel for the Parties:
For the Petitioners:Mr. Jagdeep Kishore, Advocate.
For the Respondent/ITDC:Mr. Ajay Kapur and Mr. Rajeev Kumar Singh, Advocates.

JUDGMENT

S. Ravindra Bhat, J.:-

The petitioners invoke the writ jurisdiction of this Court, questioning the validity of the conditions being imposed by the ITOC (hereafter called "ITOC"), an instrumentality of State, not renewing licences (of premises), which are characterized as onerous, unreasonable, arbitrary and contrary to the guidelines issued by the Central Government.

They also seek orders to prevent the use of powers by the ITDC to evict genuine tenants from public premises under its control. Although the pleadings present some variants, essentially the reliefs claimed are twofold; one, to enjoin the ITOC from invoking its powers under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereafter called lithe Act") and, two, to direct it to renew the licence arrangement hitherto enjoyed by the petitioners.

2. It is averred by the petitioners that the ITDC has a policy of renewing the licence with an enhanced licence fee @ 15-20%. When they applied to the ITOC to renew their licence, the latter, allegedly arbitrarily and unreasonably agreed to renew the licence of the petitioner but at an enhanced licence fee which is @ 200- 458% times more than existing fee. Th

















































































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