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Showing contexts for: Lockdown in Smt. Geeta Jeena vs Government Of Nct Of Delhi & Ors on 27 October, 2021Matching Fragments
4. The lockdown was slowly eased some time from June, 2020, onwards. However, it is the case of the Petitioners that the interstate bus services did not resume to pre-pandemic levels until much later and the effect of the pandemic on commercial activity at ISBT continues to be felt. The case of the Petitioners, therefore, was that the Respondents are not entitled to collect the monthly license fee and also that the termination of the licenses by the Respondents is invalid and unlawful.
5. The present writ petitions have been filed from time to time by the various allottees of the shops at ISBT. During the hearing of these matters, two periods of lockdowns were imposed.
25. Thereafter, reliance is placed upon the compilation filed by Mr. Jain, ld. counsel which contains order dated 2nd November, 2020 by which it was directed that inter-state bus services would commence w.e.f. 3rd November, 2020 at 50% of the pre-Covid-19 capacity. Ld. counsel submits that this is a recognition of the fact that even when the lockdown was lifted buses, did not resume on full strength. Reference and reliance is placed upon similar policies of the DMRC, which is also a corporation under the GNCTD, and the Ministry of Railways. It is submitted that both these entities had given a complete waiver during the lockdown period and the Ministry of Railways had made it clear in their communication dated 21st May, 2020 that the lockdown period would be considered a force majeure event. Thus, prior to November, 2020, there were no buses plying. From November, 2020, buses had started plying at 50% capacity in a phased manner. However, immediately in the next month, the farmers' agitation commenced and all borders were sealed, leading to complete stoppage of the plying of buses. Thus, it is submitted that though this Court had, on 12th November, 2020, considering the letter dated 2nd November, 2020, ordered the Petitioners to pay 50% of the license fee, even that could not be paid by the allottees who were in enormous difficulty owing to the farmers' agitation.
42. The lockdown extended till 3rd November 2020, and it was only w.e.f. 3rd November 2020 that buses started plying at 50% of the pre-covid capacity. It is submitted that similarly situated corporations and other government entities like the Railways and the DMRC have completely waived of the license fee for the entire lockdown period. After 3rd November 2020, the lockdown was again imposed on 19th April 2021 till 31st May, 2021. Petitioner No.1 is also stated to have deposited the license fee for the month of May.
71. Accordingly, this Court is of the view that as regards those allottees who have already enjoyed an extension of the license period which is beyond the period of the lockdown period, no further extension would be liable to the granted. However, as regards the other allottees, who have not enjoyed the full period of the license, the extension can be granted proportionately in view of the period of the lockdown.
72. Therefore, in light of the Corporation's agreement to grant waiver of license fee for the entire period of the first lockdown and for the period of six weeks of the second lockdown, while taking the said stand on record, the following directions are issued: