Rinku Gupta & Anr. v. New Delhi Municipal Council & Ors.

1. Petitioners who are allottees of shop Nos.9B and 9C under the AIIMS subway seek a direction to the respondents for clubbing of the two shops in terms of policy dated 16.08.2016.

2. Learned senior counsel for the petitioner submits that petitioner No.1 is allottee of Shop No.9B and petitioner No.2 is allottee of shop No.9C under a special category.

3. Learned counsel submits that an application was filed as far back as on 31.10.2019 seeking permission of the NDMC for clubbing of the two shops. He submits that the said application has remained pending and has 2022:DHC:1080 W.P(C) 3397/2022 2 not been decided however, by letter dated 09.12.2021 it has been stated that the policy is under review and as such the case would be considered at an appropriate stage.

4. Learned senior counsel for the petitioner submits that the clubbing of the shop has become necessary in view of the present prevailing pandemic and also for the reason that the businesses have suffered a major setback.

5. Learned senior counsel for the petitioner under instructions submits that in case on a review of policy there is no right of clubbing, petitioners undertake to restore the said shops to their original position.

6. Learned senior counsel submits that petitioners have already furnished a structural stability certificate of a structural engineer registered with the Corporation as per their requirement. He submits that petitioners have paid the outstanding amounts of Rs.42,40,434/- and Rs. 25,09,646/and as on date there are no outstanding dues.

7. Learned counsel for the respondent disputes the averments in the petition, however, states that the policy is under review and the application would be considered on merits on finalisation of the policy.

8. The policy of NDMC dated 16.08.2016 which as on date is in force with regard to the clubbing stipulates as under:- “Clubbing of Units:

(i) All cases before issuing this circular i.e. 16.8.2016

(ii) Clubbing of stalls and kiosks would not be allowed.

(iii) clubbing of two or more adjoining units (i.e. shops in markets) be allowed subject to the condition that: (a) Technical feasibility and structural safety allows the same; (b) Licence fee of each unit involved in the clubbing shall be enhanced by 30%;

(c) Prior permission from NDMC is obtained;

(d) Date of expiry of the clubbed unit shall be the date of expiry of unit, whose licence period will expire first; (e) The original shape/structure of the units shall be restore in case clubbing is undone; (f) If a unit involved in such clubbing is given under special considerations such as member of specific group, then such characteristic shall be maintained on such clubbing. (g) A joint license deed shall be executed with licensees, whose units are Involved in such clubbing.”

9. With regard to the technical feasibility and structural safety a structural stability certificate has already been filed of the Structural Engineer. With regard to the condition for enhancement of license fee is concerned, petitioners would be liable to enhance the license fee by 30% as stipulated in the policy.

10. Petitioners also undertake that they shall be bound by the conditions (d) & (e) and the date of expiry of clubbed unit be taken as the date of W.P(C) 3397/2022 4 expiry of the unit whose license expires first and further in case the clubbing is to be undone the original shape and structure of the unit shall be restored.