S.P.KHARE
Kalpana Salunke – Appellant
Versus
Jabalpur Development Authority – Respondent
S.P. Khare, J.
1. This is a petition under Article 226 of the Constitution of India challenging the order dated 19-3-1999 (Annexure P-13) of the respondent No. 1 by which license fee has been enhanced to Rs. 1642/- per month and the petitioner has been asked to pay Rs. 69,982=00 as arrears.
2. The petitioner was allotted shop No. 3 at Adhartal in Scheme No. 3 having an area of 290 Sq. ft. on license fee of Rs. 225/- per month as per agreement dated 2-8-1987 (Annexure P-2) with effect from 25-7-1987. The period of this agreement was two years. There was a renewal clause. The respondent No. 1 reserved a right as per Clause 6 of the agreement to increase the license fee 'not exceeding 50%' at the time of renewal. This was subject matter of interpretation in M.P. No. 2534/93 when the petitioner and the licensees of other shops challenged the increase. It was held by order dated 24-4-1997 (Annexure P-4) that the respondent No. 1 could increase the license fee as per Clause 6 of the agreement.
3. The petitioner's case is that she is now paying a license fee of Rs. 660/- per month and by the impugned order it has been increased to Rs. 1642/- per month. It is highly unjust, excessive and
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