Mahesh Chand v. New Delhi Municipal Council and Ors

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01.07.2011 Present: Mr. M.M. Kashyap, Advocate for the petitioner in WP (C) No.4543/2011. Mr. M.R. Singh, Advocate for the petitioners in W.P.(C) Nos.4544/2011, 4545/2011, 4546/2011 & 4547/2011. Mr. Satish Kumar Tripathi, Advocate for the petitioners in W.P.(C) Nos. 4515/2011, 4516/2011, 4524/2011 & 4525/2011. \ . Ms. Sana Ansari, Advocate for Ms. Zubeda Begum, Advocate for Respondent/Police in W.P.(C) Nos. 4515/2011, 4516/2011, 4517/2011, 4518/2011, 4519/2011, 4520/2011, 4521/2011, 4522/2011, 4524/2011,4525/2011, 4526/2011, 4527/2011, 4528/2011, 4529/2011, 4530/2011, 4531/2011, 4532/2011, 4533/2011, 4534/2011, 4536/2011, 4537/2011, 4538/2011, 4539/2011, 4540/2011, 4541/2011, 4542/2011, 4543/2011, 4544/2011, 4545/2011, 4546/2011, & 4547/2011. Mr. Ramesh Kumar Mishra and Mr. Sumit Kumar Singh, Advocates for the petitioners in W.P(C) Nos. 4518/2011, 4519/2011, 4520/2011, 4521/2011, 4522/2011 and 4526/2011, 4527/2011, 4528/2011, 4529/2011, 4530/2011, 4531/2011, 4532/2011, 4533/2011, 4534/2011, 4536/2011, 4537/2011, 4538/2011, 4539/2011, 4540/2011, 4541/2011, 4542/2011. Mr. Vinod Kumar, Advocate for respondent/NDMC. j +WP(C) No.4534/2011 +WP(aNo.4541/2011 +WP(C)No.4540/2011 +WP(C)No.4539/2011 +WP(C)No.4519/2011 +WP(C)No.4522/2011 +WP(aNo.4526/2011 +WP(C)No.4527/2011 +WP(C)No.4535/2011 +WP(C)No.4538/2011 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. \ > 1^ +WP(C)No.4536/2011 +WP(ClNo.4530/2011 +WP(aNo.4518/2011 +WP(C)No.4520/2011 +WP(C)No.4515/2011 +WP(C)No.4521/2011 +WP(C)No.4529/2011 +WP(C)No.4524/2011 +WPfC)No.4537/2011 +WP(C)No.4532/2011 +WP(C)No.4533/2011 +WP(C)No.4525/2011 +WP(C)No.4542/2011 +WP(C)No.4516/2011 +WP(C)No.4528/2011 +WP(C)No.4531/2011 +WP(C)No.4545/2011 +WP(C)No.4547/2011 +WP(C)No.4543/2011 +WP(C)No.4546/2011 +WP(C)Mo.4544/2011 Notice. Notice of the petitions is accepted by counsels for the respondents. With the consent of the parties, the above petitions have been heard finally and are being disposed of altogether. All these petitions are filed by the petitioners wherein they have claimed to be squatters/ hawkers at the sites mentioned hereunder: \ Serial No. Name of the Petitioner Writ Petition No. Address of Site

¶01Lala Ram WP(C) No. 4531/2011 Sarojini Nagar Market, in front of Shop No.152

¶02Ankit Gupta WP(C) No. 4528/2011 Sarojini Nagar Market, near shop no.21.

¶03Narender Kumar WP(C) No. 4516/2011 At/near Shop No.137 (Silver Corner), Sarojini Nagar Market, New Delhi.

¶04Kumari Devi WP(C) No. 4542/2011 Sarojini Nagar Market, 0pp. Shop Nos. 2&4

¶05Veer Singh WP(C) No. 4525/2011 At/near Regal Building, Adjacent to Khadi Gramudyog, Connaught Place, New Delhi

¶06Ramesh Chand WP(C) No. 4533/2011 Sarojini Nagar Market, near Shop No.36

¶07Murari Lai Sharma WP(C) No. 4532/2011 Sarojini Nagar Market, near Shop No.181, near Manoranjan Kendra

¶08Vyas Chauhan WP(C) No. 4537/2011 Sarojini Nagar Market, 0pp. Shop No.167

¶09Ram Kumar WP(C) No. 4524/2011 Near Gate No.l, Palika Bazar, Connaught Place, New Delhi

¶10Suresh Singh WP(C) No. 4529/2011 Sarojini Nagar Market, near Shop No.09

¶11Chhotu WP(C) No. 4521/2011 Safdarjang, in front of Delhi Haat

¶12Vikas Gupta WP(C) No. 4515/2011 At/near between Gate No.1-7, Palika Bazar, Connaught Place, New Delhi

¶13Md. Mujaffar WP(C) No. 4520/2011 Sarojini Nagar Market, near Shop 1/ No.196

¶14Rameshwar Singh WP(C) No. 4518/2011 Safdarjang Area, near Kashmere Market, INA Market.

¶15Krishan Gopal (g) Nehna WP(C) No. 4530/2011 Sarojini Nagar Market, near Shop No.136, Delhi Public Library

¶16Amar Singh WP(C) No. 4536/2011 Sarojini Nagar Market, near Shop No.26

¶17Mahesh Chand WP(C) No. 4538/2011 Sarojini Nagar Market, between Shop No.106 and 39.

¶18Chandra Shekhar WP(C) No. 4535/2011 Sarojini Nagar Market, near Shop No.90

¶19Ram Paswan WP(C) No. 4527/2011 Safdarjung Railway Station, near NDMC Primary School No.4.

¶20Ramu WP(C) No. 4526/2011 Sarojini Nagar Market, near Delhi Public Library and Quarter No.401

¶21Devender WP(C) No. 4522/2011 Sarojini Nagar Market, near Delhi Public Library

¶22Rama Shankar WP(C) No. 4519/2011 Sarojini Nagar Market, D-349, in front of Shop No.101

¶23Jagdish Prasad WP(C) No. 4539/2011 Sarojini Nagar Market, near Shop No.36

¶24Vijay Gupta WP(C) No. 4540/2011 Sarojini Nagar Market, 0pp. Shop No.l

¶25Hukum Bai WP(C) No. 4541/2011 Sarojini Nagar Market, near Mother Dairy

¶26Ratan WP(C) No. 4534/2011 Sarojini Nagar Market, near Mother Dairy Chowk

¶27Ritender Singh WP(C) No. 4545/2011 Earlier Working Site: Central Secretariat, Connaught Place, New Delhi, presently squatting in front of Bagichi Restaurant.

¶28Jagjivan Pathak WP(C) No. 4547/2011 Back Side of Shop No.52, Sarojini Nagar Market, New Delhi

29.

¶1Lokesh

¶2Smt. Man Bal WP(C) No. 4543/2011

1.Near Shop No.l, Opposite Palika Bazar, Gate No.5, Janpath Market, Connaught Place, New Delhi

¶2Near Sulabh Sauchalaya Mini Market, Sarojini Nagar, New Delhi.

¶30Kamal Raj Bansi WP(C) No. 4546/2011 Earlier Working Site: Central Secretariat, Connaught Place, New Delhi presently squatting in between Gate N0.3&4 Palika Bazar, New Delhi.

¶31Anita Gupta WP(C) No. 4544/2011 Near Mohan Singh Palace Baba Khadak Singh Road, New Delhi They have alleged that the respondents are in the process of disturbing/ dispossessing them from their squatter/ hawker sites. They have also averred that their names are in the eligibility list for being allotted alternate sites by respondent no.l/NDMC. Learned counsel for the respondent no.l states that NDMC is in the process of finalizing allotment by draw of plots of squatters/ hawkers in the area of NDMC. Be that as it may, it is the admitted case of the petitioners that the petitioners who are eligible for allotment of alternate sites are squarely covered by the judgment of this Court in W.P.CCJ No.3364 of 2011 titled I, as Deepak Singh v NDMC & Ors decided on 25.05.2011. The decision of the said case shall apply to all the petitioners who are eligible for allotment of alternate sites and whose names find mention in the list prepared in this regard. It is submitted by learned counsel for respondent NDMC that the time of squatting as recommended by Thareja Committee and approved by the Hon'ble Supreme Court being "sunrise to sunset" may be directed to be applied to the petitioners. On the other hand, learned counsel for the petitioners submit that the scheme as formulated by NDMC in the year 2006 has already been approved by the Supreme Court in the case of Sudhir Madan and others v MCD & Others 2007(8) SCALE 339 on l?'*^ May, 2007. Without going into all these details, the scheme of NDMC as approved by the Supreme Court in the aforesaid case shall apply to the petitioners. Till their eligibility as squatters is decided, they shall not be disturbed or dispossessed from their respective sites. In W.P.(C) No.4525/2011, it is submitted by learned counsel for the petitioner that in the eligibility list of squatters prepared by NDMC, the name of the petitioner is not mentioned though an application in this regard has been filed by the petitioner with NDMC. Learned counsel for the respondent submits that he will inform the respondent in this respect and necessary action will be taken. That satisfies the petitioner. These petitions stand disposed of. Dasti. M.L.MEHTA, J VACATION JUDGE JULY 01, 2011 rd h^k'K -'Hs / p / f\Oopi\ Jk K $-43 * IN THE fflGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4538/2011 MAHESH CHAND Petitioner Through: Mr.Sumit K.Singh, Advocate. versus NEW DELHI MUNICIPAL COUNCIL AND ORS Respondent Through: Ms. Aabha Verma, Advocate with Mr. Asutosh Lohia, ASC for NDMC. CORAM: HON'BLE MR. JUSTICE MX. MEHTA ORDER %

12.12.2011 Crl.M.A. 10853/2011 in W.P.(0 4538/2011 This is an application under Section 151 CPC filed by the petitioner Mahesh Chand for modification/clarification of the order dated 01.07.2011 of this court passed in W.P.(C) No. 4538/2011. Copy of the order, which is sought to be clarified/modified is filed today, which is taken on record. Vide the aforesaid order, a batch of 31 writ petitions were disposed of while I was sitting as a Vacation Judge on 01®' July, 2011. One of the petitions of which Mahesh Chand was the petitioner being W.P.(C) 4538/2011 came to be disposed of along with the batch of the matters vide i-M aforesaid order. He was one of the squatter/hawker in the jurisdiction of the NDMC . He appeared as serial number 17 in the list of street hawkers as noted in the said order. Against his name, the address of the site was stated to be Sarojini Nagar Market, between Shop No. 106 and 39. The present application has been filed stating that address of the site was between Shop No. 106 and 39 in the Babu Market of Sarojini Nagar area. The petitioner has filed the photocopy of the challans receipts of the NTDMC in his name for the period 2007 and 2008. Heard. The said order dated 01®' July, 2011 stands modifiedto the extent that the address of the petitioner/applicantMahesh Chand as appearing at serial number 17 of the aforesaidorder would be taken to be between Shop No. 106 and 39, Market, Sarojini Nagar Market area. Application stands disposed of Order dasti. MX. MEHTA,J DECEMBER 12,2011 akb