Deepank Yadav, Advocates v. NEW DELHI MUNICIPAL COUNCIL

O R D E R 23.04.2025 The present petition has been filed with the prayer for directions to the respondent to de-seal the premises of the petitioner’s shop located at Shop No. 3, Mohan Singh Palace, New Delhi.

2. It is pointed out that vide order dated 4th April, 2024, passed by the respondent, the application of the petitioner for extension of the license of the said shop, has been rejected.

3. Learned counsel appearing on behalf of the petitioner submits that a license deed dated 23rd November, 2010, was executed in favour of the petitioner, wherein, a license was granted with respect to the shop in question in favour of the petitioner, w.e.f., 21st December, 2005 upto 31st March, 2019.

4. It is submitted that, on account of certain personal difficulties, the 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 28/04/2025 at 14:57:08 petitioner was unable to pay the requisite license fee, on time. However, it is submitted that on 31st July, 2019, all arrears towards the license fee have already been cleared by the petitioner.

5. It is further submitted that since the petitioner had earlier been unable to pay the license fee, and that the license of the petitioner had expired in the year 2019, the shop which had been licensed to the petitioner was sealed on 19th July, 2019, and that the said shop, is lying sealed, since the said date.

6. Thus, the present petition has been filed wherein the petitioner has challenged the speaking order dated 4th April, 2024, by way of which the application of the petitioner for renewal of the license has been rejected, along with a further prayer for de-sealing of the said premises. Per contra, learned counsel appearing for the New Delhi Municipal 7. Council (“NDMC”), submits that the order dated 4th April, 2024, passed by the respondent/NDMC, is a reasoned order. He further submits that the cases of various shopkeepers were considered separately. Considering the past history of the petitioner, wherein, the conduct of the petitioner was not proper and that the petitioner had delayed in paying the license fees on time, the respondent/NDMC, has decided not to renew the license of the petitioner.

8. Responding to the same, learned counsel appearing for the petitioner undertakes the petitioner shall pay the license to the respondent/NDMC on time, if the petitioner is allowed to continue to operate from the shop in question. He further submits that the license of the petitioner may be renewed, in parity with the other shops in the same area, who have been allowed to operate, despite the fact that their licenses had also expired long back. 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 28/04/2025 at 14:57:08

9. I have heard the learned counsels for the parties.

10. This Court notes that along with the rejoinder, the petitioner has also filed a table showing the status of the various shops, whose licenses have expired and in some cases, the applications for renewal of the licenses, are still pending.

11. This Court takes note of the table attached as Annexure-A-1 to the rejoinder filed by petitioner, wherein, in the Serial no. 6, status of shop no. 6, Mohan Singh Place, New Delhi, has been given. As per the table, the license for the said shop expired on 16th June, 2009, and the application for renewal of license was submitted on 22nd February, 2012. As per the table for Status of shops, the renewal of the said shop is still pending.

12. This Court further takes note of the shop at Serial no. 76 of the said table with regard to the shop no. 76, Mohan Singh Place, which shows that the license of the said shop, expired on 16th June, 2009, and application for the renewal of the license of the said shop, was submitted on 13th July, 2009, and the said application for the renewal, is still pending.

13. This Court further takes note of the status of the shop at Serial no. 96 of the said table, with regard to shop no. 95, Mohan Singh Place, wherein, the license of the said shop expired on 31st March, 2009, and the said license has since been renewed.

14. This Court further considers the submission made by the learned counsel appearing for the petitioner that the aforesaid shops had also been sealed after the expiry of their licenses. However, subsequently, after payment of the requisite license fees, the said shops have been de-sealed, despite the fact that in two of the shops, the applications for the renewal of the license, is still pending. 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 28/04/2025 at 14:57:08

15. Considering the aforesaid factual position, this Court is of the view that in parity with the status of the other shops, where their case for renewal of the license has been considered by the NDMC, and pending consideration of their application for renewal, the shops have been de-sealed, and the said shopkeepers have been allowed to operate from the said shops, similar consideration ought also to be accorded to the present petitioner.

16. Accordingly, it is directed as follows: i. The petitioner shall file a fresh application for renewal of the license fee of the shop in question, within a period of two weeks, from today, along with requisite documents. ii. Pending the consideration of the renewal application of the petitioner, the seal of the shop in question, shall be de- sealed. iii. The petitioner shall comply with all the directions as issued by the respondent/NDMC from time to time, including, deposit of the requisite amount towards license fees and other arrears.

17. With the aforesaid directions, the instant petition, along with pending application, stands disposed of. MINI PUSHKARNA, J APRIL 23, 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 28/04/2025 at 14:57:08