RAJIV SAHAI ENDLAW, J.

1. The two petitions were being listed together for hearing on the contention of counsels that they entailed similar question. However, factual matrix being different, facts thereof are set out separately. W.P.(C) No.926/2007

2. The fourteen petitioners are the occupants of the stalls allotted in the year 1983 by the Slum & J.J. Wing, then of the DDA, subsequently of the MCD and now succeeded by the Delhi Urban Shelter Improvement Board, in Lakshmi Market, Madangir, Main Road near Khanpur Depot. It is the case of the petitioners that the said stalls were allotted on “License Fee Basis” with the license fee at the time of allotment of `25/- per month. The petitioners claim that about the same time stalls were also allotted on similar basis in Sidharth Market and G-Block Market, also in the Madangir area. The petitioners claim that in the year 1986 the allotment of the stalls in Sidharth Market and G-Block Market was converted from „License Fee Basis? to “Permanent Lease Basis” upon payment of four times the original cost of the stalls. It is stated that thus a sum of `9,000/- only was demanded and collected from each stall holders. The petitioners claim that they were also informed at that time that their stalls would also be similarly converted from „License Fee Basis? to „Permanent Lease Basis? and representations in this regard were also submitted by the petitioners.

3. The petitioners however claim that conversion was not allowed in Lakshmi Market only for the reason that the papers of Lakshmi Market had been misplaced in the office of DDA. The petitioners rely upon an inter office memo dated 5th February, 1992 in this regard.

4. The petitioners however claim that in or about the year 1992 they were issued letters in which initial cost of conversion of `2,000/- was demanded pending the working out of the cost of conversion and to be adjusted in the cost ultimately computed. The petitioners claim to have again represented for issuance of the demand letters of the entire conversion cost.

5. On 29th January, 2002 the Slum & J.J. Department of the MCD published a public notice for regularization of commercial stalls in favour of unauthorized occupiers thereof. The petitioners state that though they are original allottees of stalls but by way of abundant caution applied thereunder also.

6. The petitioners further claim that in September, 2003 ultimately demand letters were issued in respect of the stalls in their occupation in Lakshmi Market, demanding `2,45,000/- for conversion of the stalls from „License Fee Basis? to „Permanent Lease Basis?. The petitioners represented against the said demand contending that they were similarly situated as the stall holders in Sidharth Market and G-Block Market, conversion wherein was allowed for `9,000/- only and thus they could not be charged `2,45,000/-. Upon rejection of their representations, the present writ petition was filed.

7. Notice of the writ petition was issued. A counter affidavit was filed in which it was admitted that though a decision was taken in the year 1999 to convert the allotments of the stalls from „License Fee Basis? to „Permanent Lease Basis? but since the costing was not available, the same could not be implemented and on account of payment of `2,000/- only was demanded from those stall holders who were seeking to repair their stalls. It is also pleaded that most of the occupants of the stalls are not the original allottees but subsequent purchasers but allotment in whose favour had been regularized in accordance with the scheme. It is further pleaded that the sum of `2,45,000/- was calculated in the year 2003 by the Finance Wing and the petitioners had not paid the same for four long years till the filing of the writ petition or even thereafter also. It was denied that the case of the petitioners is similar to that of stall holders in Sidharth Market or G Block Market or that the petitioners are entitled to conversion on payment of `9