SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1999 Supreme(MP) 806

S.P.KHARE
Kalpana Salunke – Appellant
Versus
Jabalpur Development Authority – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: C.L. Kotecha
For Respondents/Defendant: Naman Nagrath

ORDER

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



















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top