SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2009 Supreme(Del) 617

SANJIV KHANNA, AJIT PRAKASH SHAH
K. T. CORPORATION – Appellant
Versus
INDIA TOURISM DEVELOPMENT CORPORATION – Respondent


Advocates appeared:
Mr. Manish Sharma, Advocate with Mr. Rohan Sharma and Mr. Vishal Malhotra, Advocates for appellants in LPA Nos.441/2008, 450/2008 and 454/2008.
Mr. H.L. Tiku, Sr. Advocate with Mr. Thakur Sumit and Ms. Yashmeet Kaur for appellant in LPA Nos. 443/2008, 444/2008, 447/2008, 449/2008, 445/2008, 456/2008, 457/2008, 485/2008 and 736/2008.
Mr. Jagdeep Kishore, Advocate for the appellants in LPA Nos. 459/2008, 460/2008, 461/2008, 599/2008, 600/2008 and 601/2008.
Through, Mr. Rajiv Nayar, Senior Advocate with Mr. Atul Sharma, Advocate for the respondent ITDC in LPA Nos. 442/2008, 443/2008, 445/2008, 446/2008. 447/2008 and 448/2008.
Mr. Ajay Kapur with Mr. G. Panmei, Advocate for respondent in LPA Nos. 441/2008, 444/2008, 447/2008, 449/2008, 450/2998, 454/2008, 455/2008, 456/2008, 457/2008, 459/2008, 460/2008, 461/2008, 485/2008, 599/2008, 600/2008, 601/2008, 735/2008 and 736/2008.

JUDGMENT

SANJIV KHANNA, J.:

1. This common judgment will dispose of the present intra court appeals filed by occupants of shops/office spaces in Hotel Ashoka, Hotel Janpath and Hotel Samrat allotted to them by the respondent-India Tourism Development Corporation (hereinafter referred to as ITDC, for short). By the impugned judgment under appeal dated 1st July, 2008, learned Single Judge has dismissed the writ petitions filed by the appellants challenging the action of ITDC to initiate proceedings under Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as Act, for short) and for direction to ITDC to renew the license arrangement with them.

2. The appellants herein have been in occupation of shops/office spaces as per details set out in para 4 of the impugned judgment, which are not being repeated for the sake of brevity.

3. The case made out by the appellants before us and the learned single Judge was that ITDC has been renewing license deeds from time to time on enhanced license fee after increasing the last paid license fees by 10-30%. It is stated that no uniform policy was/is followed and the license fee of different shops/office spaces was/i






















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top