- (1.) These appeals have been preferred against the impugned judgment and order dated 13.8.2001, passed by the High Court of Delhi at New Delhi in Writ Petition Nos.349, 2812-2814 and 2822 of 1989 by way of which, the High Court dismissed the said writ petitions challenging the notice dated 25.5.1987, issued by the Divisional Railway Manager, Northern Railway, calling upon the appellants to pay the licence fee for the railway property in their use, at the enhanced rate, and also letter dated 29.7.1987, terminating licences to operate the shops in question and to vacate the premises for failing to deposit outstanding dues on account of non-payment of licence fee.
(2.) Facts and circumstances giving rise to these appeals are that: Each of the appellants is a licensee of the shops in dispute admeasuring 4.22 sq. yards upto 100 sq. yards situated at Qutub Road, Sadar Bazar, Delhi which have been in their occupation since pre- independence. As per the appellants, there has been previous litigation in respect of this very land and the same became evacuee property under the Administration of Evacuee Property Act, 1950 and was taken over by the Custodian. The appellants, being licensees of the shops, have regularly been paying the license fee to the Railways, at rates which were mutually agreed upon and have also been increased in the past. In 1977, the said licence fee was increased to Rs.21 per sq. yards per annum, while earlier, it was fixed at only Rs.18 per sq. yards per annum. The appellants received a notice dated 7.8.1980 from the respondents-Railways Authorities, about increase in the licence fee from Rs.21 per sq. yards to Rs.270 per sq. yards per annum. Representations made by the appellants' association were considered by the Hon'ble Railway Minister and order dated 26.9.1980 was passed, staying the auction thereof, with a further direction to examine their grievances. The Hon'ble Railway Minister further considered the representation of the appellants' Association and observed that the auction of the said shops was not reasonable. He also stated that the revision in license fee was excessive and expressed his opinion with respect to reconsidering the whole case and increasing the license fee by 5% to 10%. The Railway Administration, after considering the case of the appellants, again passed an order dated 25.5.1987 to enhance the license fee @ Rs.270 per sq. yards with retrospective effect from 1.11.1980. The appellants' Association had been making representations since receiving the aforementioned notice for enhancement dated 25.5.1987, and ultimately filed writ petitions before the High Court which have been dismissed. Hence, these appeals.
(3.) Shri Altaf Ahmed, learned Senior counsel appearing for the appellants has submitted that once the enhanced license fee had been disapproved by the Hon'ble Railway Minister and the matter was reconsidered in light of the observation made by the Hon'ble Minister stating that the said enhancement was excessive and that the license fee could be enhanced by 5% to 10%, the notice impugned was unreasonable and arbitrary. The Ministry of Urban Development issued guidelines dated 14.1.1992 as how the license fee could periodically be revised. Therein, it was provided that the standard license fee should be determined as per the provisions of the Rent Control Act applicable to a State. In the instant case, the Delhi Rent Control Act is applicable, and therefore, the standard license fee as provided therein ought to have been calculated. The Delhi Rent Control Act was amended in 1963, making it applicable to the premises belonging to the Government as well. The respondents have filed an affidavit before this Court on 5.9.2002, giving a particular mode of calculation and even if the same is applied, the enhanced license fee would not be enhanced to this extent, and the High Court has erred in not deciding any issue raised by the appellants and in dismissing the writ petitions in a cursory manner. Thus, the said appeals deserve to be allowed. Being a welfare state, it is the duty of the State to provide shops at nominal license fee.;