J U D G M E N T

GAURANG KANTH, J.

1. The Petitioner filed the present Writ Petition, inter alia, seeking the following reliefs:

“(i) to pass appropriate Writ, Order, Direction, in the nature of Mandamus, commanding upon the respondents to regularize the long and continuous occupation of the petitioner for the last more than 25, by executing a Lease Deed / any other requisite document of title, in favour of the petitioner in respect of the 'suit premises' i.e. C - 14, Shiv Shankar Market, Madangir, New Delhi.

(ii) to quash the order dt. 24.08.2016 as passed by the Hon'ble Lieutenant Governor of Delhi, being contrary to law.

(iii) To quash the order dt. 29.11.2011, which is contrary to the principles of promissory estopple and issue directions to the respondents, not to disturb the petitioner from use and enjoyment of the property bearing no. C -14, Shiv Shankar Market, Madangir, New Delhi in the Interest of Justice;

(iv) to pass such further order(s) / direction(s), as this Hon'ble Court may deem fit, proper and appropriate in the circumstances of this case.”

2. It is the case of the Petitioner that he has been in use and occupation of premises No. C-14, Shiv Shankar Market, Madangir, New Delhi (“Property in dispute”), ever since 1990-91. It is the case of the Petitioner that since then he was enjoying this site as a Tehbazari site. The Respondents used to collect License Fee / Damages / Penalty from the Petitioner from time to time. Electricity connection was sanctioned in favour of the Petitioner based on the ‘No Objection Certificate’ issued by the Respondents.

3. The Petitioner received a Regularization Notice dated 05.08.2002 by the then Slum & J. J. Department, whereby the Petitioner was called upon to pay the regularization charges @ Rs. 6,39,418/-, as per L.&D.O. rates of 01.04.1999, within a period of 30 days. The Petitioner deposited a sum of Rs. 6,39,418/- vide receipt no. 338976, dated 07.08.2002 towards the regularisation charges. However, despite the payment and completion of all other formalities, no Lease Deed was executed by the Respondents.

4. Aggrieved by the inaction of the Respondents, the Petitioner vide representation dated Nil approached the Secretary, Public Grievances Commission, Government of N.C.T. of Delhi seeking a direction to direct the Slum & J. J. Department of MCD to execute the sale deed in favour of the petitioner pertaining to Shop No. C-14, Shiv Shankar Market, Delhi. The Respondents vide letter dated 27.12.2002 informed the Petitioner that it has been decided that the Department will charge Rs. 44,472/- per square meter from the petitioner as cost of land equal to average auction price including the damage charges for 10 years, the property in question will be sold to the Petitioner as per Rules and Regulations. Later, vide letter dated 16.11.2004, the competent authority asked the Petitioner for completion of formalities so that the Lease can be executed subject to payment of auction rates prevalent at present and after approval of the Hon’ble Lieutenant Governor, Delhi. The Petitioner completed all the formalities and deposited the amount as demanded by the Respondents, however, no Lease Deed was executed in his favour.

5. The Petitioner filed W.P.(C) No. 1102/2010 which was disposed of by this Hon'ble Court vide order dated 14.03.2011 with a direction to the Respondent/DUSIB to treat the writ petition as representation of the petitioner and to take a decision either to execute the sale deed or to pass a speaking order of rejection. Hence in compliance of the order of this Court, the Respondent/DUSIB passed a speaking order dated 29.11.2011 rejecting the claim of the Petitioner and held that the petitioner herein has tresspassed Government land and is required to be evicted from the said Land. Subsequently, the premises of the Petitioner was sealed on 23.02.2016 pursuant to an order dated 01.02.2016 passed by the Respondent/DUSIB. The Petitioner preferred W. P. (C) No. 2007/2016 challenging the