Smt D Sandhya v. Union Of India & ORS.

$~92, 93, 94, 96, 98, 100, 108, 109, 116 to 121, 123 to 125 * IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 2369/2024 & CM APPL 9803/2024 SMT D SANDHYA Mr. Santosh Kr. Pandey, Sr.

Panel Counsel with Mr. Rishesh Mani Tripathi, Adv. for UOI W.P.(C) 2447/2024 & CM APPL. 10023/2024 SMT. P. MOUNIKA & ANR.

.....Petitioners Counsel (appearance not given) W.P.(C) 2485/2024 & CM APPL. 10188/2024 SMT. REKHA MEENA Counsel (appearance not given) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

W.P.(C) 3366/2024 & CM APPLs. 13850/2024, 39910/2024 MEENA TIWARI Mr. Avnish Singh, Sr. Panel Counsel alongwith Mr. Kapil Dev Yadav, G.P. with Mr.

Devendra Singh and Mr. D.

Govil Upadhyaya, Advocates for UOI W.P.(C) 3896/2024 & CM APPLs. 16032/2024, 39761/2024 M/S R.K FOOD PRODUCTS Counsel (appearance not given) W.P.(C) 4019/2024 & CM APPL 16401/2021 KHALID USMAN The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

UNION OF INDIA & ORS.

Mr. Satya Ranjan Gusain, Sr.

Panel Counsel with Mr.

Kautilya Birat, G.P. and Mr.

Arvind Kumar, Advocates for UOI W.P.(C) 7257/2024 & CM APPLs. 30255-57/2024 RENU VERMA Mr. Kushagra Kumar, Sr. Panel Counsel with Mr. Abhinav Bhardwaj, G.P. for UOI W.P.(C) 7279/2024 & CM APPLs. 30422-24/2024 ABHA SAHU Mr. Nirvikar Verma, Sr. Panel Counsel for UOI W.P.(C) 13986/2023 & CM APPL 55214/2023 ILIYAS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Mr. Asheesh Jain, CGSC with Mr. Gaurav Kumar, Mr. Ishank Jha, Advs. with Mr. Deepak Tanwar, G.P. for respondent Nos. 1 to 3 W.P.(C) 14688/2023 & CM APPL 58475/2023 KAMLA BAI GUPTA Mr. Vineet Dhanda, CGSC with Mr. Abhishreet Singh and Mr.

Abhijit Singh, Advocates for UOI W.P.(C) 16203/2023 & CM APPL 65116/2023 SAROJ UNION OF INDIA & ORS.

Mr. Jatin Singh, Mr. Keshav Sehgal, Mr. Shivam Gaur, Mr.

Kshitij Joshi and Mr. Aryan Kumar Advocates for Respondent No. 1/UOI.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

W.P.(C) 16213/2023 & CM APPL 65201/2023 MEGHNA RAJENDRA KUMAR UNION OF INDIA & ORS.

Mr. Vikrant N. Goyal and Mr.

Jaswant Rai Aggarwal, Advs.

for UOI Mr. Jaswant Rai Aggarwal, Adv.

W.P.(C) 16301/2023 & CM APPL 65650/2023 SAGAR MANGLA Mr. G.D. Sharma, Sr. Panel Counsel with Mr. Hardik Bedi, G.P. for respondent Nos. 1 to 4 Mr. Parvinder Chauhan and Ms.

Hina, Adv. for DUSIB W.P.(C) 16705/2023 & CM APPL 67327/2023 ARTI DEVI The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

UNION OF INDIA & ORS.

Mr. Naginder Benipal, Sr. Panel Counsel with Ms. Vidhi Gupta, G.P. and Mr. Ankit, Adv. for UOI W.P.(C) 1835/2024 & CM APPL 7673/2024 SANGEETA JAIN Ms. Uma Prasuna Bachu, Sr.

Panel Counsel for UOI W.P.(C) 2831/2024 & CM APPLs. 11634/2024, 39985/2024 M/S M.Y. AND SONS .....Petitioners Ms. Ritu Reniwal, Sr. Panel Counsel for UOI with Mr.

Jitendra Kumar Tripathi, G.P.

W.P.(C) 2832/2024 & CM APPL 11637/2024 PUSHPA DEVI AGARWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Mr. Tanveer Ahmed Ansari, Sr.

Panel Counsel with Mr. Hilal Haider, G.P. for UOI

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 18.07.2024 1.

Learned counsel appearing on behalf of the parties submits that the main controversy involved in these cases stands covered by the decision dated 30.05.2024 passed in a batch of cases being W.P.(C) 6771/2024 and other connected matters.

2.

Learned counsel appearing on behalf of the petitioner, however, submits that some of the parties being aggrieved by the similar decision passed in W.P.(C) 2501/2023 titled as Urmila Devi & Ors. v. Union of India & Ors. are before the Division Bench of this Court in LPA 566/2024 titled as Ishwarlal Jawarlal Joshi v. Union of India & Ors. He, therefore, suggests that since the controversy with respect to multipurpose stalls (MPS) cases pertaining to Covid-19 extension is sub judice before the Division Bench, the hearing of these cases be deferred till 23.07.2024.

3.

Learned counsel appearing on behalf of the petitioners in W.P.(C) 2447/2024 submits that so far as petitioner No.1 is concerned, he does not press the relief.

4.

I have considered the submissions made by the learned counsel for the parties and have perused the relief prayed in the instant writ petition.

5.

The following paragraphs of the order dated 30.05.2024 passed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

by this Court in W.P.(C) 6771/2024 deal with the similar controversy:- "25. It is evident from the perusal of the aforesaid letter dated 21.05.2020 that it takes into consideration the ground reality that there were variations across the stations regarding the impact of Covid-19. The actual date on which the catering units could be made operational, and the timeline for restoration of passenger traffic, varied from station to station. It was directed that the period during which license was non-operational shall be treated as dies non period and the contract period shall be extended accordingly. As noticed above, the determination in this regard was left to be made by the respective zonal/divisional railways.

26.

Taking into account the above, the concerned zonal/divisional railways had worked out the dies non period based on the ground realities prevalent at the concerned railway stations and have accordingly extended the license period. It cannot be said that the extent of extension to which the petitioners are entitled, has been worked out on a completely arbitrary basis. The contentions in this regard are devoid of merit.

***

29. Once the respondents have disclosed the basis for working out the dies non period, this Court in exercise of the jurisdiction under Article 226 of the Constitution of India cannot get into intricacies of the factual situation subsisting at each railway station to virtually exercise appellate jurisdiction in respect of the extent of extension granted to individual licensees. It is noticed that individual license agreement executed between petitioner and the concerned railway authorities as well as the Catering Policy 2017, contain an arbitration clause if the petitioners are aggrieved on account of insufficiency of extension on account of the Covid-19 situation or if they wish to claim damages on any account, they are at liberty to invoke the arbitration clause and initiate appropriate proceedings. The rights and remedies of the petitioners in this regard are expressly kept open."

6.

It is also to be noted that the Court, while considering various aspects, including operation of minor catering units for an indefinite period of time, directed three months' extension enabling the petitioner therein to make a transition and switch to alternative vending arrangements. Paragraph No.30 of the decision dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

30.05.2024 reads as under:- "30. In the circumstances, this Court finds no merit in the present petitions and the same are accordingly dismissed. However, since the petitioners have been operating these minor catering units for a significant period of time, to enable the petitioners to make a transition and make alternative vending arrangement/s, this Court considers it apposite to grant a period of 3 months to the petitioners (from the date of the extended license period after taking into account the dies non period; OR from the date of this judgment, whichever is later) to vacate the catering units in question. The same shall be subject to payment of usual license fee. It is directed accordingly."

7.

Having considered the submissions made by the learned counsel appearing on behalf of the parties, the Court is not inclined to defer the hearing of these cases and instead dispose of the instant writ petitions with the directions that the petitioners shall be granted a period of three months (from the date of the extended license period after taking into account the dies non period; OR from the date of this order, whichever is later) to vacate the catering units in question. The same however, shall be subject to payment of usual license fee. 8.

With the aforesaid observations, the petitions stand disposed of alongwith pending applications.

PURUSHAINDRA KUMAR KAURAV, J JULY 18, 2024 p'ma The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.