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IN THE HIGH COURT OF DELHI AT NEW DELHI
TUSHAR RAO GEDELA
Jagdish Yadav – Appellant
Versus
New Delhi Municipal Council – Respondent
JUDGEMENT :
TUSHAR RAO GEDELA, J.
CM APPL 6800/2025
1. Cause shown is sufficient. Accordingly, the application is allowed.
Delay of 74 days in filing the appeal is condoned.
2. The application stands disposed of.
LPA 88/2025
3. Present appeal has been filed under Clause X of the Letters Patent Act, 1866 assailing the impugned judgement dated 19.11.2024 passed by the learned Single Judge in the writ petition being W.P.(C) 9410/2024 titled Jagdish Yadav vs. New Delhi Municipal Council filed by the appellant to the extent that the prayer to grant possession of Shop No.8, AIIMS Subway (Old Shop No.4, AIIMS) was refused. It further seeks directions to the respondent/NDMC to handover the possession of the subject shop; to execute the License Deed with the appellant; and to raise fresh demand towards monthly license fee from the date of handing over the possession of the subject shop.
4. It is the case of the appellant that the respondent/NDMC invited bids for allotment of a number of vacant shops/units in the NDMC area by way of an Open Bid Notice issued in the year 2014. The appellant submitted his bid on 12.01.2014 and emerged as the successful bidder for the subject shop and consequently, was
Timely legal recourse is essential; negligence in asserting rights can bar relief, and possession rights depend on actual possession being taken.
Inordinate delay in seeking relief can bar a petition under Article 226, emphasizing the principle of laches and the need for timely action by litigants.
The delay of 46 years in approaching the court without a satisfactory explanation constitutes delay and laches, barring the appellant's writ petition seeking an alternative shop.
The main legal point established in the judgment is that the principles of condonation of delay should be applied with a liberal, pragmatic, and justice-oriented approach, considering the elasticity ....
The main legal point established in the judgment is that delay and inaction on the part of the petitioner can disentitle them from the relief sought, especially when no right had accrued in their fav....
Claims for land lease rights can be barred by delay, especially when previous agreements are accepted without protest.
Delays exceeding several decades in seeking legal remedies, without sufficient justification, bar petitions under the principles of delay and laches, emphasizing the need for timely judicial recourse....
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