Point of Law: Cancellation of Licence of Shop – Permission granted to participate in tender process subject to conditions of handing over the vacant possession of shop

JUDGMENT :

SANJEEV SACHDEVA, J.

CM APPL.10203/2021(exemption)

1. Exemption is allowed subject to all just exceptions.

W.P.(C) 10357/2019 & CM APPL.10202/2021(stay)

2. Petitioner impugns order dated 22.08.2019, whereby, appeal of the petitioner under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 with regard to shop No.9, near Casualty area, GTB Hospital has been dismissed.

3. Petitioner was a licensee with regard to the said shop and was granted a license on 23.08.2008 for selling/running shop of fruits and fruit juices. The licence was extended from time to time and the last extension expired on 22.08.2011. Thereafter, admittedly, there is no extension of licence in favour of the petitioner.

4. After cancellation of the shop, fresh bids have been invited for allotment of the said shop. On 26.09.2019, Petitioner had undertaken to vacate and hand over the peaceful vacant possession of the subject shop at least two days prior to the bid opening date.

5. Petitioner seeks parity with order dated 03.03.2021 passed by this Court in WP(C) No.2043/2021 and WP(C) No.2053/2021.

6. Learned counsel submits that in the above-referred petitions, petitioner has undertaken to vacate the shop immediately on opening of the financial bids of the tender.

7. It is observed that the shop in question in the above-referred writ petitions was a pharmacy and was the only pharmacy within the GTB Hospital complex and accordingly cannot be treated at par with the shop of the petitioner which is a juice and fruit vending shop and there are other fruit vending shops in the hospital area.

8. Mr. Ramesh Singh, Learned Standing Counsel for Government of NCT of Delhi submits that the initial tender could not go through in view of the lockdown and now fresh bids have been invited and the bid submission date is 1.00 PM on 18.03.2021 and technical bids have to be opened at 2:30 pm on the same day. The financial bids are likely to be opened after about two weeks of the technical bid opening date.

9. Mr. Ramesh Singh, Learned Standing Counsel for Government of NCT of Delhi submits that the petitioner is in arrears of license fee besides being liable to pay damages for not vacating the shop in accordance with the eviction order. He submits that damages have been imposed by the Estate Officer, which are under challenge before the District Judge and there is a stay order against recovery of said arrears pending the consideration of the appeal.

10. Learned counsel for the petitioner prays that since petitioner in terms of original undertaking would be required to vacate the premises on or before 16.03.2021, some extension be granted to enable the petitioner to shift his material.

11. He further prays that petitioner be permitted to participate in the tender process.

12. Mr. Ramesh Singh, learned Standing counsel submits that he has no objection to grant of an extension provided the same is not linked to the financial bid opening date and petitioner hands over the possession within a reasonable time. Further he submits that petitioner would be required to clear the arrears of license fee prior to his submission of the bid.

13. Learned counsel for the petitioner submits that petitioner has already paid the license fee upto 24.03.2021. This is disputed by Mr. Ramesh Singh, learned Standing Counsel.

14. The details of payment of license fee have been handed over by learned counsel for the petitioner to Mr. Ramesh Singh who submits that the same shall be verified and petitioner shall be intimated by tomorrow if there are any arrears towards license fee.

15. In view of the above, this petition is disposed of in the following terms:

16. Petitioner shall vacate and hand over the peaceful, vacant possession of the subject premises on or before 26.03.2021.

17. Respondent shall communicate to the petitioner, if there are any dues towards license fee by 16.03.2021.

18. Petitioner shall clear the arrears of license fee, if any, and pay the license fee upto the date of ha