Jyotinder Singh Saluja vs Bharat Heavy Electrical Ltd. on 19 December, 2025
15. He further submits that the respondent has violated the Shop Policy of
2014 and prescribed that the licence fee would be prevalent to market
rental value and the said policy has been upheld by the Coordinate
Bench of this Court in Aziz Khan (Miyan) and others Vs. Union of
India and others (Writ Petition No.11190/2016) and therefore, the
Estate Officer has not committed any error in granting the damages as
per the provisions of Shop Policy, 2014 and there was no need to hold
any inquiry to assess the market rental value. He further submits that
the damages are penal in nature and therefore, the damages may be
awarded more than the market rate and after expiry of the licence
period, the possession of the petitioner was akin to a trespasser and
therefore, the petitioner is liable to pay damages and interest as per
Section 7 of the Act, 1971. He prayed for dismissal of the petition.