Himachal Pradesh Horticultural Produce Marketing & Processing Corporation Limited v. Transport Department Government Of NCT Delhi

Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 709/2016 & C.M.Nos.3005-3006/2016 HIMACHAL PRADESH HORTICULTURAL PRODUCE marketing & PROCESSING CORPORATION LIMITED Pf Petitioner Through Mr.Satish Mishra, Advocate.

versus '

transport DEPARTMENT GOVERNMENT OF NCT DELHI ^ .

Respondent Through Mr.Anuj Aggarwal, ASC for GNCTD.

+ W.P.(C) 710/2016 & C.M.Nos.3008-3009/2016 HIMACHAL PRADESH HORTICULTURAL PRODUCE MARKETING & PROCESSING CORPORATION LIMITED Pf Petitioner '•V-- Through Mr.Satish Mishra, Advocate.

versus transport DEPARTMENT GOVERNMENT OF NCT DELHI ^ Respondent !

Through Mr.Vinod Kumar Bhati, Advocate for GNCTD.

CORAM:

^ HON'BLE MR. JUSTICE MANMOHAN

ORDER

o/„ 27.01.2016 The present writ petitions have been filed seeking a direction to th the respondent to renew or extend the licence agreement dated 26 November, 2012 executed between the petitioner and the respondent

for licences of shop nos.57 and 39, ISBT Complex, Kashmere Gate, Delhi till fresh tenders are floated.

It has been averred that the licences of the abovementioned shops are expiring today. Learned counsel for the petitioner states that the petitioner has incurred expenses to install the fixtures at the said shops and the same shall be rendered redundant if the shops are vacated.

Learned counsel for the petitioner refers to the order dated 7^^ December, 2015 passed in a batch of writ petitions including W.P.(C) No. 11333/2015, which were disposed of while granting time to the petitioner therein, who is similarly situated as the petitioner herein, to vacate the shops/kiosks occupied by them till 31'^ January, 2016 or till the time tenders are issued, whichever is later. Learned counsel for the petitioner undertakes to this Court that the petitioner shall remove itself from the shops/kiosks in its use and occupation on and before the date the tenders are issued and/or 3 January, 2016, whichever is later and would continue to pay the occupation charges.

Consequently, present writ petitions and applications are disposed of in accordance with the following directions (i) The petitions are dismissed as withdrawn.

(ii) However the petitioner is granted time, to vacate the shops/kiosks in its occupation till 3L' January, 2016 or till the tenders are issued, whichever is later.

(ill) If the petitioner is in breach of his undertaking or any part thereof, the tender or application for allotment if any filed by

> him shall not be considered and it would be ineligible on this ground alone.

(iv) If the petitioner is in breach of its undertaking or any part thereof, the respondents, besides proceeding against him for contempt of undertaking given to the Court, shall be entitled to forcibly remove him from the shops/kiosks.

Copy of order be given dasti under the signatures of the Courts Master.

m MANMOHAN, J Q JANUARY 27, 2016 KA