High Court of Delhi was dealing with the petition where the petitioners who are allottees of shop Nos.9B and 9C under the AIIMS subway seek a direction to the respondents for clubbing of the two shops in terms of policy dated 16.08.2016.
Brief Facts:
Petitioner No.1 is allottee of Shop No.9B and petitioner No.2 is allottee of shop No.9C under a special category. An application was filed as far back as on 31.10.2019 seeking permission of the NDMC for clubbing of the two shops. The application has remained pending and has not been decided however, by letter dated 09.12.2021.
Petitioner’s Contention:
Learned counsel for the petitioner submitted that the policy is under review and as such the case would be considered at an appropriate stage. It was submitted that the clubbing of the shop has become necessary in view of the present prevailing pandemic and also for the reason that the businesses have suffered a major setback. It was submitted that in case on a review of policy there is no right of clubbing, petitioners undertake to restore the said shops to their original position.
Respondent’s Contention:
Learned Counsel for the respondent submitted that the policy is under review and the application would be considered on merits on finalisation of the policy.
HC’s Observations:
After hearing both the sides Court stated that with regard to the technical feasibility and structural safety a structural stability certificate has already been filed of the Structural Engineer. With regard to the condition for enhancement of license fee is concerned, petitioners would be liable to enhance the license fee by 30% as stipulated in the policy.
HC observed that petitioners also undertake that they shall be bound by the conditions (d) & (e) and the date of expiry of clubbed unit be taken as the date of expiry of the unit whose license expires first and further in case the clubbing is to be undone the original shape and structure of the unit shall be restored.
HC Held:
After evaluating submissions made by both the parties the Court held that “The mere fact that the policy is under review is no ground to refuse to consider the application of the petitioners particularly when the Petitioners are undertaking that in case of review and unclubbing they shall restore the shops. In view of the above, this petition is allowed. Petitioners are permitted to club the two units subject to enhancement of the license fee by 30% and further maintaining the structural stability.”
Case Title: Rinku Gupta & Anr v. New Delhi Municipal Council & Ors.
Bench: Hon’ble Mr. Justice Sanjeev Sachdeva
Citation: W.P(C) 3397/2022
Decided on: 25th March 2022
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