Afshana & Ors vs Government Of Nct Of Delhi & Anr

Prathiba M. Singh, J

This hearing has been done by video conferencing.

All these matters pertain to shops allotted to various licensees at the Inter-State Bus Terminals - Kashmere Gate, Anand Vihar and Sarai Kale

Khan. Broadly, the Petitioners can be classified into three categories:

a) Category 1: Petitioners to whom allotments have been made, however, possession of the shops at various ISBT terminals has not been handed over

and the license agreements are yet to be executed.

b) Category 2: Petitioners who were granted licenses for a period of three years and who are currently in possession of the shops in the various ISBT

terminals.

c) Category 3: Petitioners who were granted licenses for a period of six months and who have either sought or have been granted extension and are

currently in possession of the shops in the various ISBT terminals.

Except in W.P.(C) 4302/2020, the Delhi Transport Infrastructure Development Corporation (hereinafter, “DTIDCâ€) has filed its counter

affidavit in all matters, along with annexures. All the Petitioners wish to file rejoinders. Let the rejoinders be filed within two weeks.

In W.P.(C) 4302/2020, issue notice. Mr. Gautam Narayan, ld. Counsel accepts notice.

The submission of Mr. Narayan, is that insofar as Category 1 allottees are concerned, he has been instructed to submit that the Board of DTIDC

has decided to not charge license fee from such allottees, since they are yet to be handed over possession of the shops during the lockdown period

when inter-state operation of buses is suspended. However, insofar as Category 2 and Category 3 allottees are concerned, DTIDC’s stand is that

no waiver can be granted. Ld. counsel relies upon the judgments in Ramanand and Ors. v. Girish Soni and Ors. [RC REV 447/17, decided on

21.05.2020] and Gaurav Jain v. UOI & Anr. [WP© 3519/2020, decided on 15.06.2020].

Mr. Pathak, ld. Counsel appearing in W.P.(C) 3643/2020, where the Petitioners belong to Category 1, submits that if no license fee is charged from

the Petitioners till inter-state bus operations resume, the relief sought for is in effect granted by DTIDC. Accordingly, he submits that the writ petition

itself can be disposed of. In response, Mr. Narayan, ld. counsel submits that he would like to place on record the minutes of DTIDC’s Board

Meeting along with an affidavit so that the same can be taken on record.

Ld. counsel for the Petitioners also submit that insofar as ISBT, Kashmere Gate is concerned, there are two bus stands. One is located on the Ring

Road at Kashmere Gate and the other is located at Mori Gate, which is behind the Tis Hazari Courts. Insofar as the local buses i.e., intra-state buses,

are concerned, they are plying from the Mori Gate terminal, which is also part of the Kashmere Gate terminal. However, there are no buses plying at

the Kashmere Gate terminal located on Ring Road. The shops are located at the Ring Road side, hence there are no passengers.

Mr. Upadhay, ld. counsel appearing in W.P.(C) 3742/2020, submits that insofar as the Petitioner is concerned, he has a license of six months and

since not a single bus is plying at the ISBT terminal, the Respondents should not insist on payment of license fee or be permitted to forfeit the security.

Mr. Pracha, ld. counsel appearing in W.P.(C) 4302/2020 reiterates the the submissions made in W.P.(C) 3742/2020.

Ms. Seema Bengani, ld. counsel appearing in W.P.(C) 3733/2020, W.P.(C) 3779/2020 and W.P.(C) 3781/2020 submits that her clients’ shops

are located at ISBT, Kashmere Gate, Anand Vihar and Sarai Kale Khan.

According to her, no buses are plying from these terminals.

Mr. Ajay Jain, ld. counsel appearing in W.P.(C) 3803/2020 submits that w.e.f. 24th March, 2020, a lockdown has been put into effect and the

plying of buses has stopped. Even the electricity to the shops has been disconnected.

In response to Ms. Bengani, ld. counsel, Mr. Narayan, ld. counsel submits that in each of the counter affidavits filed, DTIDC has disclosed the

number of buses which are plying. He also submits that insofar as the Anand Vihar and Sarai Kale Khan terminals are concerned, they are integrated

terminals and the fact that even intra-state buses are plying in these terminals is sufficient for the allottees to continue their businesses. Thus, they

cannot claim any waiver.

Heard ld. Counsels for the parties. The following directions are issued:

(i) Insofar as ISBT, Kashmere Gate is concerned, Mr. Narayan, ld. counsel shall place on record a proper map which can be colour coded so that this

Court can peruse the same and adjudicate the issues raised in the present petitions.

(ii) Insofar as W.P.(C) 3643/2020 is concerned, let the affidavit along with the minutes of the Board Meeting be placed on record.

(iii) In W.P.(C) 4302/2020, issue notice. Mr. Gautam Narayan, ld. Counsel accepts notice. Let the counter affidavit be filed within two weeks, along

with an affidavit and a copy of the NIT and the license agreement pertaining to these Petitioners. Rejoinder be filed before the next date.

(iv) In all other writ petitions, let rejoinders be filed in two weeks.

In the meantime, DTIDC shall be bound by the statements made by Mr. Narayan, ld. counsel in the previous orders and no coercive steps shall be

taken by the Respondents against the Petitioners.

List for hearing on 24th August, 2020 at the end of the board.