17

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

W.P.(C) 12722/2009

Date of decision : December 16, 2009.

KRISHNA KHURANA AND ORS ..... Petitioner

Through:Ms.Gita Luthra, Sr.Advocate with Mr.Parinay

D.Shah, Advocate.

versus

MUNICIPAL CORPORATION OF DELHI AND ORS ..... Respondent

Through:Mr.Ajay Arora & Mr.Kapil Dutta, advocates

for MCD.

Mr.Shoaib Haider for Mr.N.Waziri, Advocate

for GNCT of Delhi.

CORAM:

HON'BLE MS. JUSTICE GITA MITTAL

1.Whether reporters of local papers may be allowed to see

the Judgment?

2. To be referred to the Reporter or not?

3.Whether the judgment should be reported in the Digest?

GITA MITTAL, J (ORAL)

1.

The present writ petition has been filed by five persons apprehending

eviction from kiosks located at the Vishnu Digambar Marg. So far as factual

matrix is concerned to the extent necessary, the same may be briefly noticed

hereinafter.

2.

Pursuant to an action conducted in the year 1974, five persons including

petitioner no.1-Smt.Krishna Khurana and petitioner no.5-Shri Vinay Kumar claim

to have been allotted kiosks at Shaheed Bhagat Singh Park, near Indian Express

Building. Pursuant to the allotment, a standard licence deed was executed

between the allottee and the MCD. The relevant terms thereof are read as

2009:DHC:5486

: 2 :

follows :-

1.

The licence shall be deemed to be a bare licensee having

only a personal right in the said premises and nothing herein

contained shall be deemed to be a demise at law of the said

premises or any part thereof so as to give the licencee any

interest therein.

2.

The licence is purely temporary and the Corporation

reserves the right to revoke it any time by giving 48 hours

notice in writing without assigning any reason to the licencee.

3.

That the allotment/licence of the premises shall only

permit the licensee to occupy and use the premises till the

expiry of the period of licence or termination, whichever is

earlier, without assigning any reason whatsoever.

4.

The right of licencee shall be the right of the user only

and not of possession and the Corporation reserves the right of

re-entry as mentioned above and no possession will be

deemed to have been transferred to the licensee.

xxxx

xxxxx

8.

If the licence fee hereby reserved or any part thereof

shall at any time be in arrears or remain unpaid after the due

date or if the licensee at any time fails or neglects to perform

or observe any of the terms and conditions and covenants

herein contained and on his part to be observed and performed

and in any such case the Corporation may without prejudice to

their other rights by giving thirty days notice in writing to the

licensee, determine the licence and re-enter upon the said

premises or in part thereof. The licensee shall upon such

determination peacefully stop use of the said premises without

any right to compensation whatsoever and thereupon this

licence shall be absolutely determined without any right to

compensation whatsoever to the licensee in any of the

following events that is to say :-

(i) If the licenee(s) being an individual or if a firm, any partner

in the licencee firm shall die or at any time be adjudged

insolvent or shall have a receiving order or for administration

of his estate made against him or shall take any proceedings

for liquidation or composition under any insolvency Act, for the

time being inforce or make any conveyance or assignment of

his effects or enter into any arrangement or composition with

2009:DHC:5486

: 3 :

his creditors or suspend payment or shall introduce a new

partner or shall change the constitution of the partnership of if

the firm be dissloved under the Partnership Act or

(ii) If the licensee(s) being a company shall pass resolution or

the court shall make an order for the liquidatio