TMI Blog1996 (2) TMI 540X X X X Extracts X X X X X X X X Extracts X X X X ..... kuian Road on preferential basis. Tenders were invited for allotment of other 177 shops divided into four zones and further classified in seven groups for proper identification. In the advertisement it was stated that reserved shops were not being put to tender and preference for allotment of a particular shop in a group will be given to the highest tenderers. It was also stated that only those tenders shall be considered which were above the reserved rate. One of the terms of allotment being term No.9 was as follows: only those trades such as mentioned in the trade zoning plan shall be permitted to be run in the shop. A copy of the details of the trade zoning is appended to this document as appendix A . The aforesaid zones were demarcated on the plan of the shopping complex which had been prepared by the N.D.M.C. The persons submitting tenders were required to state the trade which they proposed to run in the shops. In the application forms it had been clearly mentioned that only such trades as mentioned in the trade zoning plan shall be permitted. The applicant was also required to give an undertaking that he had carefully read the memorandum of information and the ter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the Mini Market was 58. It is an admitted position that the allottees of the stalls in the Mini Market were not subjected to any zoning system, but like Panchkuian Road allottees they were permitted to carry on only those trades which were permissible and had been enumerated in the aforesaid Appendix A . Later some of the allottees out of 177 shops which had been subjected to zoning system, so far the nature of the trade was concerned and who had specifically agreed in writing to carry on the trades which had been specified for the trade zones of the marketing complex, in which shops had undertaking given by them and opened shops in those zones in respect of trades which had not been specified for those zones. In other words, they opened shops to carry on trades of their own choice which was not permissible under the terms of the allotment made in their favour by N.D.M.C. Because of this, notices were issued to such shopkeepers who had violated the zoning system of the marketing complex. The validity of such notices issued by the N.D.M.C. were questioned by them before the Delhi High Court. A learned Judge of the High Court came to the conclusion that the action of the N.D.M. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... zoning restrictions was meant to induce them to move from the Panchkuian Road. For the same object even the licence fee in their case was reduced. Because of the same reason no tenders were invited for the 98 shops and tenders were invited only in respect of 177 shops, which were allotted to the appellants and others on basis of tenders submitted by them. It was pointed out that appellants and other allottees of 177 shops knew very well from the Plan published and the notice inviting tenders that 98 shops had been reserved for stall-holders of Panchkuian Road. In spite of that the appellants and others offered their tenders at different rates higher than reserved rates which were accepted by the N.D.M.G. and allotments of shops were made in their favour. In this background, it was not open to them to violate and contravene the trade zoning restrictions to which each one of them had specifically agreed. The learned counsel appearing in different appeals took the same stand before this Court that there was no justification on the part of the N.D.M.C. to make allotments of the different shops in the same marketing complex not only on different rates of licensing fee, but even with dif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iscrimination under Article 14 of the Constitution. Having agreed to the terms of allotment they cannot legitimately claim that they should also be treated in the same manner. There appears to be some confusion in respect of the scope of Article 14 of the Constitution which guarantees equality before law to all citizens. This guarantee of equality before law is a positive concept and it cannot be enforced by a citizen or court in a negative manner. To put it in other words, if an illegality or regularity has been committed in favour of any individual or a group of individuals, the others cannot invoke the jurisdiction of the High Court or of this Court, that the same irregularity or illegality be committed by the State an authority which can be held to be a State within the meaning of Article 12 of the Constitution, so far such petitioners are concerned, on the reasoning that they have been denied the benefits which have been extended to others although in an irregular or illegal manner. Such petitioners can question the validity of orders which are said to have been passed in favour of persons who were not entitled to the same, but they cannot claim orders which are not sanctioned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udgment was allowed on 18th March 1983. This Court while granting leave passed orders regarding maintenance of status-quo in respect of the trades being carried on by the appellants. Interim directions were given also in respect of payment of licence fee at the reserved rates instead of agreed rates in many ,appeals. Because of these interim orders passed by the High Court as well as this Court in most of the cases only payment of the licence fee has been made to the N.D.M.C. at the reserved rates and not at the agreed rates. After the dismissal of the appeals and the writ petition, the appellants and the writ petitioner are liable to pay the balance amount of arrears which runs into lakhs of Rupees in different appeals. As such at the close of the hearing of the appeals an alternative submission, was made on behalf of the appellants that in the event of dismissal of appeals and writ petition, this Court should direct payment of the arrears by reasonable instalments. On behalf of the N.D.M.C. claim was made for interest over such arrears contending that N.D.M.C. should not suffer because of the interim orders passed by the High Court as well as by this Court. In view of the lega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inst each allottee and notice will be served on such allottees within six weeks from today. 5. From the month of January 1996 the licence fee as revised in terms of the licence deed shall be paid. 6. The allottees who have deviated from the trade zoning restrictions, shall revert back to the trade zone, allotted to them on or before 31st December, 1996. 7. No damage shall be paid as claimed on behalf of the Respondent - N.D.M.C. on account of cancellation of licence. 8. All notices of cancellation shall be deemed to have been withdrawn after the directions aforesaid are complied with by the allottees or the allottee concerned. But in the event of failure to comply with any of the aforesaid directions it shall be open to the N.D.M.C. to proceed with the cancellation of the licence of allottee concerned. 9. This order shall not cover the dispute in respect of the resolution of the Respondent - N.D.M.C. dated 12.9.1991 revising licence fee from 10 per cent to 30 per cent on the expiry of the licence and payment of interest over the arrears from 15 per cent to 24 per cent. 10. In respect of the grievance made on behalf of the allottees that sales are being made from t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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