Delhi High Court
Ishwar Dayal Singh vs Estate Officer, Gtb Hospital, Nct ... on 15 March, 2021
$~35
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 15.03.2021
+ W.P.(C) 10357/2019
ISHWAR DAYAL SINGH ..... Petitioner
versus
ESTATE OFFICER, GTB HOSPITAL, NCT OF DELHI & ANR
.....Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Manish Garg & Mr, Inder Pahuja, Advocates.
For the Respondent: Mr. Ramesh Singh, Standing Counsel.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL.10203/2021(exemption)
Exemption is allowed subject to all just exceptions.
W.P.(C) 10357/2019 & CM APPL.10202/2021(stay)
1. Petitioner impugns order dated 22.08.2019, whereby, appeal of the
petitioner under Section 9 of the Public Premises (Eviction of Unauthorised
Occupants) Act, 1971 with regard to shop No.9, near Casualty area, GTB
Hospital has been dismissed.
2. Petitioner was a licensee with regard to the said shop and was
granted a license on 23.08.2008 for selling/running shop of fruits and fruit
juices. The licence was extended from time to time and the last extension
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:15.03.2021 22:31:42 W.P.(C) 10357/2019 1
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
expired on 22.08.2011. Thereafter, admittedly, there is no extension of
licence in favour of the petitioner.
3. After cancellation of the shop, fresh bids have been invited for
allotment of the said shop. On 26.09.2019, Petitioner had undertaken to
vacate and hand over the peaceful vacant possession of the subject shop at
least two days prior to the bid opening date.
4. Petitioner seeks parity with order dated 03.03.2021 passed by this
Court in WP(C) No.2043/2021 and WP(C) No.2053/2021.
5. Learned counsel submits that in the above-referred petitions,
petitioner has undertaken to vacate the shop immediately on opening of the
financial bids of the tender.
6. It is observed that the shop in question in the above-referred writ
petitions was a pharmacy and was the only pharmacy within the GTB
Hospital complex and accordingly cannot be treated at par with the shop of
the petitioner which is a juice and fruit vending shop and there are other
fruit vending shops in the hospital area.
7. Mr. Ramesh Singh, Learned Standing Counsel for Government of
NCT of Delhi submits that the initial tender could not go through in view of
the lockdown and now fresh bids have been invited and the bid submission
date is 1.00 PM on 18.03.2021 and technical bids have to be opened at 2:30
pm on the same day. The financial bids are likely to be opened after about
two weeks of the technical bid opening date.
8. Mr. Ramesh Singh, Learned Standing Counsel for Government of
NCT of Delhi submits that the petitioner is in arrears of license fee besides
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:15.03.2021 22:31:42 W.P.(C) 10357/2019 2
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
being liable to pay damages for not vacating the shop in accordance with
the eviction order. He submits that damages have been imposed by the
Estate Officer, which are under challenge before the District Judge and
there is a stay order against recovery of said arrears pending the
consideration of the appeal.
9. Learned counsel for the petitioner prays that since petitioner in terms
of original undertaking would be required to vacate the premises on or
before 16.03.2021, some extension be granted to enable the petitioner to
shift his material.
10. He further prays that petitioner be permitted to participate in the
tender process.
11. Mr. Ramesh Singh, learned Standing counsel submits that he has no
objection to grant of an extension provided the same is not linked to the
financial bid opening date and petitioner hands over the possession within a
reasonable time. Further he submits that petitioner would be required to
clear the arrears of license fee prior to his submission of the bid.
12. Learned counsel for the petitioner submits that petitioner has already
paid the license fee upto 24.03.2021. This is disputed by Mr. Ramesh
Singh, learned Standing Counsel.
13. The details of payment of license fee have been handed over by
learned counsel for the petitioner to Mr. Ramesh Singh who submits that
the same shall be verified and petitioner shall be intimated by tomorrow if
there are any arrears towards license fee.
14. In view of the above, this petition is disposed of in the following
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:15.03.2021 22:31:42 W.P.(C) 10357/2019 3
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
terms:
(i) Petitioner shall vacate and hand over the peaceful, vacant possession
of the subject premises on or before 26.03.2021.
(ii) Respondent shall communicate to the petitioner, if there are any dues
towards license fee by 16.03.2021.
(iii) Petitioner shall clear the arrears of license fee, if any, and pay the
license fee upto the date of handing over the possession.
(iv) Subject to the above conditions, petitioner would be permitted to
participate in the tender process and his bid shall be received and
processed in accordance with law only if he hands over the peaceful,
vacant possession of the subject premises on or before 26.03.2021
and clear the arrears of license fee, if any, till that date.
(v) Petitioner would be exempted from furnishing a performance
certificate which is required from the respondent.
15. It is clarified that the dispute with regard to the demand of damage
charges, which is subject matter of the appeal before the District judge,
would not come in the way of the bid of the petitioner being received and
considered by the respondent.
16. Petition is disposed of in the above terms.
SANJEEV SACHDEVA, J.
MARCH 15, 2021
ak
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:15.03.2021 22:31:42 W.P.(C) 10357/2019 4
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
