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Showing contexts for: tenancy devolving in Sudhir Goel vs M.C.D. [Along With W.P. (C) No. ... on 25 May, 2004Matching Fragments
You are also directed to stop the use of Gen-sets forthwith, failing which action will be initiated against you under the law."
All the Petitioners have, by and large, adopted the same defense, which has been articulated in these words as can be found in one of the Replies to the above Notice:
"1. The above-noted shop bearing No.28, Meena Bazar, Red Fort, Delhi was given on lease to Shri Tika Ram by the Notified Area Committee, Delhi. The rent has been paid regularly by the lessee. After the demise of Shri Tika Ram the tenancy rights devolved upon his legal heirs. At present the tenancy rights have devolved upon Shri Om Prakash and Shri Babu Ram who have been tenants in the premises.
4. The above-noted shop bearing No.28, Meena Bazar, Red Fort, Delhi was given on lease to Shri Tika Ram by the Notified Area Committee, Delhi. The rent has been paid regularly by the lessee. After the demise of Shri Tika Ram, the tenancy rights developed upon his legal heirs. At present the tenancy rights have devolved upon Shri Om Prakash and Shri Babu Ram who have been tenants in the premises.
5. Consequently we continue to be the LESSEE of the said premises. There is no authentic cancellation of lease unless and until grounds are made out and notice as contemplated under law terminating the tenancy is given. The factum of the filing of the writ petition cannot by itself be a ground for canceling the tenancy nor on the alleged question of security and protection of heritage, all the shopkeepers including us can be evicted. Most of the shopkeepers are very old and have not caused any threat to security and are not detrimental to the protection of Monument. In fact the continuation of these activities is a part of heritage of the Red Fort, since traditionally this place was earlier being used as what was historically known as Meena Bazar. The shopkeepers including us are carrying on small commercial activities and selling the product which represents the Indian cultural heritage and ethnic values. In no case carrying of our activities will amount to and can be inferred to be destructive of heritage of Red Fort in any manner. However, should you require any measures to be taken by us so that there is no threat of security or threat of destroying the heritage, we shall be glad to do the needful under the said exercise.