Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1994: s.141(2)-Premises given on lease to run a uniplex- NDMC Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | NDMC Act, 1994: s.141(2) - Premises given on lease to run a uniplex - Non-renewal of lease after its expiry - NDMC-lessor seeking vacant possession of premises and its public auction to pursue with its resolution to run retail mall cum multiplex - High Court dismissing writ petition filed by lessee - Interference with - Held: Interference not called for as NDMC is obligated to adopt procedure by which it can get maximum possible return for such immovable property - Methodology for receiving maximum consideration in normal and fair competition would be public auction which is transparent mode of disposal of public property - Public property - Mode of disposal.Words and phrases: Expression 'normal and fair competition' - Connotation of in the context of s.141(2) of NDMC Act, 1994. The suit premises was given on lease for particular period to appellant No.1 by the respondent-NDMC. The offer of further renewal beyond 1.10.1990 (third block) was initiated by NDMC but the same was not accepted. The offer was challenged by filing writ petition. Appellants continued in possession because of stay orders granted in writ petition and without a contract. Even the third block contained in the offer dated 2.12.1991 expired on 30.9.2000. Thus there was no subsisting lease or agreement written or oral which gave any right to the appellants to seek further renewal under the lease. On 13.11.2001, respondent passed order that the appellants were in unauthorized occupants of the premises. Against this, appellants filed writ petition. High Court dismissed the writ petition. NDMC passed a resolution dated 30.8.2000 that land on which suit premises was standing was transferred by Ministry of Urban Development to NDMC for developing multiplex buildings.In appeal to this Court, appellant contended that they have been ousted, discriminated and subjected to hostile treatment as in no other case purported intention of public auction has been resorted to.The respondent contended that after 2000 there was no agreement for lease; that one of the objectives of NDMC was to have retail mall cum multiplex; that the financial capacity of the appellants is not sufficient, they have no expertise in the intended activities and in that sense, the auction would be the first time exercise. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 890 |
Petitioner | Aggarwal And Modi Enterprises Pvt.ltd. And Anr |
Respondent | New Delhi Municipal Council |
SCR | [2007] 9 S.C.R. 675 |
Judgement Date | 2007-08-31 |
Case Number | 4002 |
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