#45

$~

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

W.P.(C) 5980/2014

M/S. FUSION FOODS

..... Petitioner

Through

Mr. Ashish Upadhyay, Advocate

versus

INIDAN TOURISM DEVELOPMENT

CORPORATION LIMITED

..... Respondent

Through

Mr. Sushant Kumar, Advocate

%

Date of Decision : 08^th September, 2014

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

J U D G M E N T

MANMOHAN, J: (Oral)

CM APPL. 14576/2014 in W.P.(C) 5980/2014

Allowed, subject to just exceptions.

W.P.(C) 5980/2014 & CM APPL. 14575/2014

1.

Present writ petition has been filed under Article 227 of the

Constitution challenging the judgment and order dated 29^th August, 2014

passed by learned District Judge and Sessions Judge, New Delhi whereby

petitioner’s appeal being PPA No. 04/2014 challenging the eviction order

dated 09^th January, 2014 passed by Estate Officer was dismissed.

2014:DHC:4474

2.

Learned counsel for the petitioner states that the eviction proceeding

had been initiated in violation of the guidelines issued by the Department of

Public Enterprises, Ministry of Industry, Government of India inasmuch as

the petitioner had made a huge capital investment and was entitled to an

initial licence for a period of five years along with a renewal for another five

years. In support of his contention, learned counsel for the petitioner draws

this Court’s attention to the cross examination of respondent’s General

Manager Mr. Vipin Garg. The relevant portion of the cross-examination

referred to and relied upon by learned counsel for the petitioner is

reproduced hereinbelow:-

2014:DHC:4474

capital investment was made by the respondent.............”

3.

Learned counsel for the respondent, who appears on advance notice

has handed over copies of licence deeds dated 30^th August, 2005 and 07^th

February, 2011 executed between the petitioner and the respondent. The

same are taken on record.

4.

The period of licence and the renewal clause therein are reproduced

hereinbelow:-

“1. PERIOD OF LICENCE & RENEWAL CLAUSE OF

LICENCE DEED DATED 30^TH AUGUST, 2005

“PERIOD OF LICENCE & RENEWAL

measuring approx. 367 sq. mtrs. Area on “as is where is basis”.

binding on the Licencee.....”

2. PERIOD OF LICENCE & RENEWAL CLAUSE OF

LICENCE DEED DATED 07^TH FEBRUARY, 2011

2014:DHC:4474

“PERIOD OF LICENCE & RENEWAL

approx 367 sq mts area on “as is where is basis”.

debarred.....”

(emphasis supplied)

5.

Learned counsel for the respondent has also drawn this Court’s

attention to the relevant portion of the order passed by the Estate Officer as

well as the District Judge. The relevant extract of the impugned orders

passed by the District Judge and the Estate Officer are reproduced

hereinbelow:-

A)

Order dated 29^th August, 2014 passed by the District Judge:-

2014:DHC:4474

Motors Pvt Ltd V/s ITDC & Ors WP ( C ) No. 3682 of 2008.”

B)

Order dated 9^th January, 2014 passed by the Estate Officer:-

illegality, which no court of law can permit.”

2014:DHC:4474

6.

Having heard learned counsel for the parties, this Court is constrained

to observe that the petitioner has deliberately suppressed the most material

and relevant documents, i.e., licence deeds dated 30^th August, 2005 and 07^th

February, 2011. After all, all the terms and conditions on the basis of which

licence had been granted to the petitioner are contained in the aforesaid

documents.

7.

In any event, this Court is of the view that the contention advanced by

learned counsel for the petitioner is clearly barred by Sections 91 and 92 of

the Indian Evidence Act, 1872. The said Sections are reproduced

hereinbelow:-

“91. Evidence of terms of contracts, grants and other dispositions

of property reduced to form of documents.—When the terms of a

2014:DHC:4474

92 - Exclusion of evidence of oral agreement—When the terms of

2014:DHC:4474

the la