Sh Basuki Nath Vs Union of India & Ors.

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$~60

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- LPA 84/2025 &CM APPL. 6558/2025, CM APPL. 6559/2025, CM APPL. 6560/2025,CM APPL. 6561/2025,CM APPL. 6562/2025

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SH BASUKI NATH .....Appellant Through: Mr. Jitender Mehta, Mr. Lalit Kumar and Mr. Shivam Pahal, Advocates.

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versus

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UNION OF INDIA & ORS. .....Respondent Through: Ms. Iram Majid, CGSC, Mr. Mohd. Suboor and Mr. M. Seham Khan, Advocates and Mr. Anisul Haque, G.P. for R-1.

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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

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O R D E R % 03.02.2025

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The appellant has filed the present appeal impugning an order dated 22.11.2024 (hereafter the impugned order ) passed by the learned Single Judge in W.P.(C) 16235/2024 captioned Sh.Basuki Nath vs. Union of India & Ors.

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The appellant had filed the said petition under Article 226 of the Constitution of India, impugning Clause 11 of the Commercial Circular No.20 of 2017 dated 27.02.2017 in respect of the Catering Policy 2017. In terms of the said catering policy, the licence term of ‘minor units’ allocated to the various licensees was confined to a period of five years.

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LPA 84/2025

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Page 1 of 4

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:03:40

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The appellant was allotted General Minor Units (GMUs) at GMU No. NDLS 3 at Platform No. 8/9 of New Delhi Railway Station; GMU No. NDLS 13 at Platform No. 16 of New Delhi Railway Station; GMU No. NDLS 14 at Platform No. 2/3 of New Delhi Railway Station and GMU No. NDLS 32 at Platform No. 6/7 of New Delhi Railway Station. The term for which the licence was granted including dies non period on account of COVID, is expiring in case of GMU Nos. NDLS 3, 13 & 14 at New Delhi Railway Station on 09.03.2025; 11.03.2025; 04.03.2025. The term for which the licence was granted including dies non period on account of COVID, expired in case of GMU No. NDLS 32 on 27.12.2024.

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The Commercial Circular dated 27.02.2017 was the subject matter of challenge in a batch of petitions as well, which was rejected by the learned Single Judge. The said decision was also upheld by the Division Bench of this Court. The said matters then travelled to the Hon’ble Supreme Court. However, the Supreme Court also declined to interfere with the judgments passed by this Court. Although, in some cases, the Hon’ble Supreme Court also granted further four months' time to the allottees to hand over their respective units.

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Admittedly, the appellant is required to vacate the stalls licenced to it on expiry of the licence term. However, the learned Single Judge as well as this Court had in matters granted the allottees further time of three months to vacate the same. And as stated above, the Hon’ble Supreme Court had allowed further period of four months over and above the time granted by this Court.

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The learned counsel appearing for the appellant submits that on the principle of parity, the appellant may also be granted additional four

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LPA 84/2025

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Page 2 of 4

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:03:40

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months’ time to vacate the units. It is seen that the learned Single Judge had in terms of the impugned order granted three months’ time from the expiry of licence period to the appellant to vacate the respective units. However, the appellant submits that a further period of four months may be granted from the expiry of said period of three months in parity with the other petitioners.

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The learned counsel for the appellant further assures this Court that no further time would be sought and submits an undertaking to the said effect as well as to the effect that it would vacate and handover the unit to the concerned authorities on or before expiry of the additional period of four months as sought, would be furnished.

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In view of the above, the present appeal is disposed of by granting the appellant further four months extension from the date of expiry of period granted by the learned Single Judge, to handover the allocated stalls to the concerned authorities, as follows:-

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S. No	Particulars of the Catering Stall	Expiry date of period granted by learned Single Judge	Expiry date of period extended by this Court
1	GMU No. NDLS 3 at Platform No.8/9 of New Delhi Railway Station	10.06.2025	11.10.2025
2	GMU No. NDLS 13 at Platform No.16 of New Delhi Railway Station	12.06.2025	13.10.2025
3	GMU No. NDLS 14 at Platform No.2/3 of New Delhi Railway Station	05.06.2025	07.10.2025
4	GMU No. NDLS 32 at Platform No.6/7 of New Delhi Railway Station	28.03.2025	29.06.2025

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LPA 84/2025

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Page 3 of 4

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:03:40

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We, however, clarify that this order would be operative on the appellant furnishing an undertaking to this Court to the effect as noted above within a period of one week from today with an advance copy to the learned counsel for the respondents.

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It is clarified that if the undertaking is not filed within the aforesaid period, the respondents will be at liberty to take steps to forthwith evict the appellant from the said units as the license term has expired.

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Pending applications shall also stand disposed of.

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DEVENDRA KUMAR UPADHYAYA, CJ

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TUSHAR RAO GEDELA, J

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FEBRUARY 3, 2025 rl

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LPA 84/2025

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Page 4 of 4

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:03:40

Sh Basuki Nath v. Union of India & Ors.

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Sh Basuki Nath v. Union of India & Ors.

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