No sympathy should be shown to a tenant who is a habitual defaulter in paying rent, the Delhi high court said recently, while asking a businessman to vacate the premises belonging to NDMC. ‘‘Every licencee or allottee and even an unauthorised occupant is obliged to pay the monthly licence fee so long he is using the premises. No undue sympathy can be shown to those who wilfully and contemptuously commit persistent defaults in paying periodical rents,’’ Justice Kailash Gambhir noted in a recent judgment. HC dismissed a petition filed by one Vijay Kumar who challenged the NDMC’s decision of rejecting his application for regularisation of shop allotment under its 1997 policy. Kumar also challenged the eviction order passed by the estate officer against him.
HC, in its verdict, gave 15 days’ time to Kumar to vacate the premises, UG-40 Palika Place, R K Ashram Marg. It asked the civic agency not to take coercive action against him till then.
HC upheld NDMC’s decision refusing to regularise Kumar’s shop. It rejected his argument that the civic agency adopted a pickand-chose policy while regularising allotment of shops. According to NDMC, Kumar was allotted the shop in 1992 for five years. His application for renewal of his shop’s licence was rejected in 1998 due to non-payment of rents.
The petitioner was in arrears for licence fee/rent to the tune of Rs 1,32,431 as on November 15, 2007, the date on which the estate officer had ordered for eviction of the shop, as per NDMC. Kumar had filed a case before the district judge who dismissed his petition in July 2009 and upheld the estate officer’s decision for eviction.
Source:- The Times of India,24 August 2010 Delhi Page No 5
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