Delhi High Court
Rajiv Nanda vs Govt Of Nct Of Delhi & Ors. on 29 July, 2016
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 29.07.2016
+ W.P.(C) 6387/2016
RAJIV NANDA ..... Petitioner
versus
GOVT OF NCT OF DELHI & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Ms. Seema Bengani, Advocate.
For the Respondents : Mr. Gautam Narayan, ASC with R.A. Iyer, Ms. Shruthi
Parasa, Mr. Prem Mishra and Mr. Inder Raj Ghera,
Advocates for GNCTD
Mr. Inder Raj Ghera, Superintendent,
DTIDC and Mr. Prem Mishra, LA, DTIDC.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
29.07.2016
SANJEEV SACHDEVA, J. (ORAL)
CM No.26133/2016 (permission to file synopsis and list of dates)
For the reasons stated in the application, the application is allowed.
The synopsis and list of dates are taken on record.
W.P.(C) 6387/2016 & CM No.26132/2016 (stay)
1. The petitioner impugns the Notice Inviting Tender bearing No.
DTIDC/612/June/2016 dated June, 2016 inviting bids for licensing
shops/kiosks at ISBTs Anand Vihar and Sarai Kale Khan.
2. It is contended that the petitioner was allotted a shop at Platform
No.B, at ISBT Anand Vihar. Learned counsel for the petitioner submits
that possession of PCO Booth at Platform No.B-37 at ISBT, Anand Vihar
has been surrendered to the respondent in terms of the undertaking given
to this Court in order dated 02.05.2016 in WP(C) 1520/2015 titled Rajiv
Nanda vs. Govt. of NCT of Delhi. She has produced a copy of the
handing over and taking over receipt. The same is taken on record. This
fact is confirmed by the counsel for the respondent.
3. Learned counsel for the petitioner submits that the petitioner has
been running the shop for several years and has made huge investments,
he requires at least three months time for the purpose of disposal of
existing stock and relocation. She submits that the petitioner would not
press the present petition if the petitioner is granted time to vacate and
handover the peaceful vacant possession of the said shop by 31.10.2016.
She prays that time may be granted as has been granted to other shop
owners by this Court on 20.07.2016 in WP(C) 6103/2016 titled Harbans
Singh vs. Govt. of NCT of Delhi. She further submits that the
respondents have invited tenders in respect of various shops in the said
ISBT and she would like to participate in the tender process.
4. Learned counsel for the respondents submits that the tender is an
open tender and there is no restriction on the petitioner participating in
the tender subject to the petitioner not claiming any equities on the basis
of the existing allotment.
5. In view of the above, the petition is disposed of with a direction to
the petitioner to file, within a period of one week, undertaking before this
Court, in the form of an affidavit, undertaking that the petitioner shall
vacate and hand over peaceful vacant possession of the shops in his
possession to the respondents on or before 31.10.2016. The petitioner
shall also undertake that in case the petitioner is successful in the tender
and succeeds to a shop other than the shop, which the petitioner is
occupying, then the petitioner shall shift to the new shop within two days
of handing over of the possession of the new shop. Under no
circumstance, the period shall extend beyond 31.10.2016.
6. The petitioner shall undertake not to sublet, assign or part with the
possession of the said shop or any part thereof. He shall also undertake
that he shall continue to pay the user and occupation charges, till he hands
over the peaceful and vacant possession, at the same rate at which the
licence fee was paid till 31.03.2016. He shall also continue to comply
with the other terms and conditions of their licences.
7. Subject to the petitioner filing the undertaking in the above terms,
the respondent shall not take any coercive steps against the petitioner till
31.10.2016. In case the petitioner fails to file the undertaking within the
period of one week, no benefit of this order would be available to him.
8. The respondents are free to proceed with the NIT. The petitioner
would be at liberty to participate in the subject NIT. In case the petitioner
is successful in the NIT, he would be granted licence in accordance with
the NIT subject to him complying with the other terms and conditions of
the NIT. It is clarified that no special equities, in respect of the subject
NIT, would flow to the petitioner on the basis of this order.
9. The writ petition is disposed of in the above terms.
Dasti under the signature of the Court Master.
SANJEEV SACHDEVA, J
JULY 29, 2016
st
