New Delhi: No sympathy can be shown to a
tenant who is a habitual defaulter in paying rent, the Delhi
High court has said and asked a business man to vacate the
"Every licensee or allottee and even an unauthorised
occupant is obliged to pay the monthly license fee so long as
he is using the premises and no undue sympathy can be shown to
those who wilfully and contemptuously commit persistent
defaults in payment of periodical rents," Justice Kailash
Gambhir said in a judgement recently.
"The petitioner(Kumar) was a habitual defaulter in the
payment of rents/damages and consequently no amount of
discretion can be exercised by this court under Article 226 of
the Constitution of India in favour of the petitioner,"
Justice Gambhir also said.
He dismissed a petition filed by one Vijay Kumar who
challenged the New Delhi Municipal Council`s decision in
rejecting his application for regularisation of allotment
under its 1997 policy and the eviction order passed by the
The Court, however, granted 15 days` time to Kumar to
vacate the premises-UG-40, Palika Place, R K Ashram Marg and
asked the civic agency not to take coercive action against
The court upheld NDMC`s decision refusing to regularise
Kumnar`s shop under the 1997 policy and rejected his argument
that the civic agency has adopted a pick-and-chose policy
while regularising the allotment of shops.
According to NDMC, Kumar was alloted the shop in 1992 for
five years and his application for renewal of his licence in
respect of his shop was rejected in 1998 on account of non-
payment of rents.
The petitioner was in arrears of licence fee/rent to the
tune of Rs 1,32,431 as on November 15, 2007, the date on
which the Estate Officer had passed an order for eviction of
the shop, as per NDMC.
Challenging the Estate Officer`s order, Kumar had filed a
case before the District Judge who dismissed his petition in
July 2009 and upheld the Estate Officer`s decision for