The petitioners in these writ petitions have approached this Court assailing the notices issued to them by the GCDA, as per which lease amount with respect to the shop rooms in their possession has been sought to be enhanced. The petitioners say that this enhancement is usurious and unconstitutional.
2. Even though there are several assertions and averments in these writ petitions, I see that in the notices impugned before this Court, the GCDA has only proposed an increase. Therefore, it will always be open to the petitioners to make their objections to the said notice and to convince the GCDA that the existing lease amounts be not increased or that it be increased to a lesser level.
3. However, when this Court acts under Article 226 of W.P.(C) Nos. 23933 & 22894 of 2018 -2- the Constitution of India, it will be impossible for this Court to consider these issues, since a certain amount of factual adjudication and reference to applicable documents will be necessary. I am, therefore, of the view that at the first instance the petitioners will have to approach the competent Authority of the GCDA with their objections.
3. I notice that in W.P.(C) No.22894 of 2018, the petitioners have, in fact, preferred their objections, copies of which is available on record as Ext.P7.
4. In such circumstances, I order these writ petitions granting liberty to the petitioner in W.P.(C) No.23933 of 2018 to file appropriate objections before the GCDA and to the petitioners in W.P.(C) No.22894 of 2018 to pursue Ext.P7 objections.
5. The competent Authority of the GCDA will be obligated to consider the objections already filed by the petitioners in W.P.(C) No.22894 of 2018 and to be filed by the petitioner in W.P.(C) No.23933 of 2018, after affording an W.P.(C) Nos. 23933 & 22894 of 2018 -3- opportunity of being heard to them and adverting to all the materials and documents that may be produced by them and to thereafter pass appropriate orders, not later than two months from the date of receipt of a copy of this judgment.
6. To enable expeditious disposal of these matters, I direct the writ petitioner in W.P.(C) No.23933 of 2018 to make his objections before the competent Authority within a period of one week from today.
7. Needless to say, until such time as a decision is taken by the competent Authority, the lease amounts presently being paid by the petitioners shall be accepted, subject to change as per the decision to be taken.
These writ petitions are thus ordered.
Sd/-
DEVAN RAMACHANDRAN JUDGE Scl/27.07.18