WPMS/2895/2023
2023 Latest Caselaw 3103 UK

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                                  WPMS No.2895 of 2023
                                  Hon'ble Ravindra Maithani, J.

Mr. Shivam Khanna, Ms. Radhika Gupta and Mr. Ajay Joshi, Advocates for the petitioner.

Mr. Lalit Miglani, Advocate for the respondents.

The challenge in this petition is made to the proposal no.14 dated 20.02.2020, passed by the respondent no.1, Nagar Nigam, Roorkee. By the proposal no.14, the rent has been enhanced disproportionately.

The petitioner is the tenant of a property owned by the respondent no.1, Nagar Nigam Roorkee. It is the case of the petitioner that till Year, 2020, the monthly rent was Rs. 341/-, and the contract had stipulated that there will be a hike of 12.5% rent in every three years, but, suddenly, by a proposal, rent has been disproportionately enhanced.

It is also the case of the petitioner that subsequent to the proposal no.14, another proposal was also passed by the respondent no.1, Nagar Nigam, for reducing the rent, but, it has not been implemented.

Learned counsel for the petitioner would submit that the relationship between the petitioner and the respondent no.1, Nagar Nigam Roorkee, is based on a contract. The hike would be as per the contract, i.e. 12.5% rent enhancement in every three years.

It is also argued that a similar matter has already been decided by this Court in WPMS No. 2261 of 2020, Dilshad Ahmad Vs. Nagar Nigam Roorkee, ("the first petition") on 16.11.2021.

Learned counsel for the respondents would submit that the matter is squarely covered by the judgment dated 16.11.2021 passed in the first petition.

The petition is decided in terms of the judgment dated 16.11.2021 passed in the first petition.

(Ravindra Maithani J.) 12.10.2023 RV