Vinod Jain v. Delhi Jal Board

1. Petitioner impugns order dated 03.01.2019, whereby, the appeal of the petitioner, impugning order dated 05.02.2018 of the Estate Officer, was dismissed.

2. Estate Officer passed an eviction order and directed the petitioner to vacate the premises i.e. Chemist Shop No.3 at Haiderpur, 2019:DHC:5904 Delhi Jal Board Colony since his license qua the shop had expired.

3. Learned counsel appearing for the respondent Delhi Jal Board submits that the Delhi Jal Board had invited tenders for the other shops bearing Nos.[2] and 4 except the petitioner’s shop since the same was occupied by the petitioner.

4. Learned counsel for the respondent submits that the Delhi Jal Board intends to invite tenders for the shop in possession of the petitioner also and the process would take about 4 to 8 weeks.

5. Learned counsel for the petitioner seeks liberty to participate in the tender. He undertakes that the petitioner shall vacate and handover the peaceful vacant possession of the above referred shop at least 2 days prior to the bid submission date. Petitioner further undertakes that the petitioner shall continue to pay the licence fee and other occupation charges in respect of the said premises till the time he hands over the peaceful vacant possession of the shop in accordance with the demand notice to be issued by the respondent from time to time.

6. The undertaking is accepted.

7. Subject to Petitioner filing an affidavit of undertaking within two weeks in the above terms and handing over the peaceful and vacant possession of the said shop at least two days before the bid submission date, as per the notice inviting bids to be issued by the respondent qua the said shop, he shall be permitted to participate in the tender.

8. Petition is disposed of in the above terms.

9. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J NOVEMBER 13, 2019 st