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WITH WRIT PETITION NO.5331 OF 1983 Smt. Ashwani Sachdeva V. New Delhi Municipal Committee J U D G M E N T N.P. SINGH. J These appeals along with a writ petition have been filed on behalf of the different licensees of the shops in the shopping complex known as Palika Bazar which was built by the respondent, New Delhi Municipal Committee (hereinafter referred to as the 'N.D.M.C.') in the year 1976. The whole complex is centrally air-conditioned. It appears that by a resolution dated 29.11.1977, N.D.M.C decided to allot 98 shops to shopkeepers of Panchkuian Road because the space occupied by them at the said Panchkuian Road was required for widening of the said road. Again on 27.5.1978 the Delhi Administration directed the N.D,M.C. to allot shops to 98 stall-holders of Panchkuian Road on the conditions agreed. A plan of the said marketing complex was prepared and published showing 98 shops which had been reserved for the shopkeepers of Panchkuian Road on preferential basis. Tenders were invited for allotment of other 177 shops divided into four zones and further classified in seven groups for proper identification. In the advertisement it was stated that reserved shops were not being put to tender and preference for allotment of a particular shop in a group will be given to the highest tenderers. It was also stated that only those tenders shall be considered which were above the reserved rate. One of the terms of allotment being term No.9 was as follows:

"only those trades such as mentioned in the trade zoning plan shall be permitted to be run in the shop. A copy of the details of the trade zoning is appended to this document as appendix 'A'."

The aforesaid zones were demarcated on the plan of the shopping complex which had been prepared by the N.D.M.C. The persons submitting tenders were required to state the trade which they proposed to run in the shops. In the application forms it had been clearly mentioned that "only such trades as mentioned in the trade zoning plan shall be permitted." The applicant was also required to give an undertaking that he had carefully read the memorandum of information and the terms and conditions of the allotment and that he had agreed to abide by the same. The shops were to be given on licence for a period of five years and thereafter the licence was renewable subject to increase in the licence fee by 10 per cent and on such terms and conditions as may be laid down by the N.D.M.C. Different reserved prices were fixed for different shops. The appellants in different appeals including the writ petitioner filed their tenders and indicated the trade which they wanted to run in the shops to be allotted to them. There is no dispute that the applicants while submitting the tenders, offered the licence fee at a much higher rate than what was mentioned as the reserved rate of licence fee in respect of different shops. Thereafter letters of allotment were issued indicating the trade which such licensee could carry in the shops which had been allotted to them. In other words, the applicants whose tenders were accepted on the rates offered by them were not only required to pay the licence fee offered by them and accepted by the N.D.M.C., but they undertook to occupy the shops in different trading zones and to carry on the trades which were specified to be carried on in the zones concerned.

The validity of such notices issued by the N.D.M.C. were questioned by them before the Delhi High Court. A learned Judge of the High Court came to the conclusion that the action of the N.D.M.C. was discriminatory and arbitrary while insisting the writ petitioners to conform and abide the agreement in respect of trade zoning restrictions and to relax the same restrictions so far the stall-holders of Panchkuian Road were concerned who had been allotted shops in the same marketing complex. It was also pointed out by the learned Judge that when several allottees out of 177 shops had changed the trade and had not followed the trade zoning restrictions, there was no justification to insist others to follow the same trade zoning restrictions. On the aforesaid finding, the notices issued by the N.D.M.C. to different shopkeepers were quashed and the writ petitions were allowed.

lt appears that writ petitions were filed as early as in the year 1980 which were allowed by the learned single Judge on 29th May 1981. The appeal filed on behalf of the N.D.M.C.,against the said judgment was allowed on 18th March 1983. This Court while granting leave passed orders regarding maintenance of status-quo in respect of the trades being carried on by the appellants. Interim directions were given also in respect of payment of licence fee at the reserved rates instead of agreed rates in many ,appeals. Because of these interim orders passed by the High Court as well as this Court in most of the cases only payment of the licence fee has been made to the N.D.M.C. at the reserved rates and not at the agreed rates. After the dismissal of the appeals and the writ petition, the appellants and the writ petitioner are liable to pay the balance amount of arrears which runs into lakhs of Rupees in different appeals. As such at the close of the hearing of the appeals an alternative submission, was made on behalf of the appellants that in the event of dismissal of appeals and writ petition, this Court should direct payment of the arrears by reasonable instalments. On behalf of the N.D.M.C. claim was made for interest over such arrears contending that N.D.M.C. should not suffer because of the interim orders passed by the High Court as well as by this Court.