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2011 Supreme(Del) 96

RAJIV SAHAI ENDLAW
DEEPAK KUMAR PATHAK – Appellant
Versus
MCD – Respondent


Advocates Appeared:
Mr. Vivek Chib & Mr. K. Varghese, Advocates
Mr. O.P. Saxena, Advocate
Mr. Hem C. Vashisht, Advocate
Mr. O.P. Sexena, Adv.

JUDGMENT

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 clai
























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