Mr. Jitender Mehta, Mr. Lalit Kumar, Mr. Shivam Pahal and Mr. Abhinav Kumar, Advocates v. UNION OF INDIA & ORS

Through: Mr. Ajay Jain, SPC with Mr. Manoj Gautam, Mr. Harshit Batra, Mr. Kunal Sharma and Mr. M.N. Mishra, Advocates for R-1 to 3. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA % O R D E R 25.03.2025 CAV 113/2025 1. Since the Caveators/respondents have put in appearance, the Caveat stands discharged. CM APPL. 17192/2025 (Condonation of delay in filing the appeal) 2. Cause shown is sufficient. The delay of 65 days in filing the present appeal is condoned. 3. The application is allowed. LPA 214/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/03/2025 at 12:29:59

4. The appellant has filed the present appeal impugning an order dated

16.12.2024 (hereafter the impugned order) passed by the learned Single Judge in W.P.(C) 17277/2024 captioned “M/s Griham Food and Hotel Pvt Ltd. vs. Union of India & Ors.” 5. The appellant had filed the said petition under Article 226 of the Constitution of India, impugning Clause 11 of the Commercial Circular No.20 of 2017 dated 27.02.2017 in respect of the Catering Policy, 2017. In terms of the said catering policy, the licence term of ‘minor units’ allocated to the various licensees was confined to a period of five years. 6. The appellant was allotted following General Minor Units (GMUs):- S.No. Location of the catering stalls Last date of the Extension 1 General Minor Catering Unit ANVT 4 at PF No.1 at Anand Vihar Terminal Railway Station 2 GMU No. GMU NDLS 18 at PF No.4/5 at New Delhi Railway Station 3 GMU No. GMU NDLS 20 at PF No.4/5 of New Delhi Railway Station 3 GMU No. GMU NDLS 23 at PF No.4/5 of New Delhi Railway Station 5 GMU No.GMU NDLS 26 at PF No.12/13 of New Delhi Railway Station

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7. The Commercial Circular dated 27.02.2017 was the subject matter of challenge in a batch of petitions as well, which was rejected by the learned Single Judge. The said decision was also upheld by the Division Bench of this Court. The said matters then travelled to the Hon’ble Supreme Court. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/03/2025 at 12:29:59 However, the Supreme Court also declined to interfere with the judgments passed by this Court. Although, in some cases, the Hon’ble Supreme Court also granted further four months’ time to the allottees to hand over their respective units. 8. Admittedly, the appellant is required to vacate the stall licenced to him on expiry of the licence term. However, the learned Single Judge as well as this Court had, in matters granted the allottees further time of three months to vacate the same. And as stated above, the Hon’ble Supreme Court had allowed further period of four months over and above the time granted by this Court. 9. The learned counsel appearing for the appellant submits that on the principle of parity, the appellant may also be granted additional four months’ time to vacate the unit. It is seen that the learned Single Judge had in terms of the impugned order granted three months’ time from the expiry of licence period to the appellant to vacate the unit. However, the appellant submits that a further period of four months may be granted from the expiry of said period of three months, in parity with the other petitioners. 10. The learned counsel for the appellant further assures this Court that no further time would be sought and submits that an undertaking to the said effect as well as to the effect that it would vacate and handover the unit to the concerned authorities on or before the expiry of the additional period of four months as sought, would be furnished. 11. In view of the above, the present appeal is disposed of by granting the appellant further four months extension from the date of expiry of period granted by the learned Single Judge to handover the allocated stall to the concerned authorities as follows:- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/03/2025 at 12:29:59 S.No. Location of the catering stalls 1 2 3 4 5 General Minor Catering Unit ANVT 4 at PF No.1 at Anand Vihar Terminal Railway Station GMU No. GMU NDLS 18 at PF No.4/5 at New Delhi Railway Station GMU No. GMU NDLS 20 at PF No.4/5 of New Delhi Railway Station GMU No. GMU NDLS 23 at PF No.4/5 of New Delhi Railway Station GMU No.GMU NDLS 26 at PF No.12/13 of New Delhi Railway Station Expiry of period granted by learned Single Judge 24.05.2025 Last date handover allocated stall 24.09.2025

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12. We, however, clarify that this order would be operative on the appellant furnishing an undertaking to this Court to the effect as noted above within a period of one week from today with an advance copy to the learned counsel for the respondents. 13. It is clarified that if the undertaking is not filed within the aforesaid period, the respondents will be at liberty to take steps to forthwith evict the appellant from the said unit as the license term has expired. 14. Pending applications shall also stand disposed of. DEVENDRA KUMAR UPADHYAYA, CJ MARCH 25, 2025/rl TUSHAR RAO GEDELA, J This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/03/2025 at 12:29:59