Delhi High Court - Orders
Gagan Khaneja vs Union Of India & Ors on 24 May, 2022
Author: Vipin Sanghi
Bench: Sachin Datta, Vipin Sanghi
$~26.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8208/2022
GAGAN KHANEJA ..... Petitioner
Through: Mr. Vikas Goyal, Advocate
versus
UNION OF INDIA & ORS.
..... Respondent
Through: Mr. Kirtiman Singh with Mr. Waize
Ali Noor, Advs. for R-1 and R-2
Mr. Rajeev Aggarwal, ASC with Mr.
Ankit Gupta, Advs. for R-4.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 24.05.2022 C.M. No. 24781/2022 Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(C) 8208/2022 Issue notice. Counsel for the respondents appear and accept notice. Counter affidavit be filed within 6 weeks. Rejoinder be filed before the next date of hearing. List on 12.10.2022.
C.M. No. 24780/2022The submission of learned counsel for the petitioner is that, in law, the Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:26.05.2022 10:38:55 respondents could have fixed the rent equivalent to 2.5% of the circle rate. However, the respondents have fixed the rent in the year 2016 @ 5% of the circle rate. The respondents are entitled to 5% increase in rent every year. The petitioner has no grievance with the same but it is submitted that the basic rent was wrongly fixed @ 5% of the circle rate in the year 2016. The respondent No.3 shall specifically deal with this aspect in its counter affidavit.
In the meantime, without prejudice to the rights and contentions of the parties, the petitioner shall continue to pay the rent as already being paid. The arrears shall also be cleared @ Rs.50,000/- per month. It goes without saying that the same shall be subject to adjustment, in case the Court finds merit in the petitioner' submission.
VIPIN SANGHI, ACJ SACHIN DATTA, J MAY 24, 2022 N.Khanna Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:26.05.2022 10:38:55