Rabi Ghosh v. New Delhi Municipal Council

TEJAS KARIA, J SEPTEMBER 21, 2026/MJ

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 21.09.2026 # CNR No. DLHC010449302026 + LPA 750/2026 & CM APPL. 64566/2026 RABI GHOSH .....Appellant Through: Mr. Abhinav Agnihotri, Mr. Sahil Gupta and Mr. Harshit Arun, Advocates. versus NEW DELHI MUNICIPAL COUNCIL .....Respondent Through: Mr. Saurabh Seth, Standing Counsel with Mr. Raghav Alok, ASI NDMC; Mr. Abhiroop Rathore, Mr. Kabir Dev and Mr. Sukhvir Singh, Advocates. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA DEVENDRA KUMAR UPADHYAYA, CJ. (ORAL) CM APPL. 64565/2026 (Exemption) 1. Exemption allowed, subject to all just exceptions. 2. The Application stands disposed of. CM APPL. 64564/2026 (Delay of 119 days in filing the Appeal) & CM APPL. 64567/2026 (Delay of 35 days in re-filing the Appeal) 1. These Applications have been filed on behalf of the Appellant seeking condonation of delay of 119 days in filing and 35 days in re-filing the present Appeal, respectively. 2. Having heard the learned Counsel for the Parties and perused the averments made in the Applications, the same are allowed. The delay of 119 days in filing as well as 35 days in re-filing the present Appeal is hereby condoned. 3. Accordingly, the Applications stand disposed of. LPA 750/2026 & CM APPL. 64566/2026 1. The instant intra-court appeal challenges the order dated 11.03.2026 passed by learned Single Judge whereby, W.P.(C) 17451/2024 instituted by the appellant against the order dated 22.12.2022 passed by Deputy Director (Estate-I) of New Delhi Municipal Council (hereinafter referred to as 'NDMC') has been dismissed. By the same order CM (Main) 152/2021, a petition under Article 227 of the Constitution of India, instituted by NDMC against the order dated 01.02.2020 passed by District & Sessions Judge on an appeal under Section 9 of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as 'PP Act') has been declared to have been rendered infructuous. 2. The subject premises, namely, shop-cum-flat No. 27, Main Market, Lodhi Road, New Delhi – 110003 (hereinafter referred to as 'Subject Property') was licensed by the NDMC vide license deed dated 11.04.1997 in favour of the appellant and one Mr. Anil Jain. The term of the license as per the said license deed dated 11.04.1997 was from 03.02.1997 up to 02.02.2002. 3. Thereafter, another license deed was executed by NDMC in the sole name of the appellant on 23.01.2013, considering the request made by the appellant for deletion of the name of Mr. Anil Jain, the earlier co-allottee and renewal of the license in his favour. The license was, thus, renewed in the sole name of the appellant vide license deed dated 23.01.2013 for a period from 14.05.2011 up to 31.03.2015. During subsistence of the said license dated 23.01.2013, a letter was received by the NDMC from HDB Financial Services Limited informing therein that the appellant in his capacity as Director of M/s. YSF Hotels & Resorts Pvt. Ltd. had mortgaged the subject/licensed property with HDB Financial Services Limited against a term loan. Consequently, the NDMC issued a Show Cause Notice to the appellant on 20.10.2014 requiring from him an explanation for violation of the terms of license deed by mortgaging the subject property with HDB Financial Services Limited. 4. Relying on a letter dated 13.11.2014 said to have been issued by HDB Financial Services Limited, the appellant denied that subject property was mortgaged. It is on record that though the appellant submitted before the NDMC that subject property was not mortgaged relying on the letter dated 13.11.2014 issued by HDB Financial Services Limited, however, the loan document dated 11.08.2014 which was sent by HDB Financial Services Limited to the appellant listed the subject property as additional collateral security for a loan. The said document contains the signature of the appellant at three different places. 5. In the meantime, a money decree was passed on 08.09.2016 in favour of