Judgment

M. Jagannadha Rao, J. - I.A. 83/ 1995 : (Bishwanath Roy).

Claimant has been found eligible but only for business in ‘tea’. The applicant’s place of garment business was not accepted. According to him he cannot, due to illness, carry on tea business.

2. The Committee found in its order dated 12.12.1990 that the applicant did tea business from 1980 to 1989 was entitled only to trade only in tea and could get a stall/kiosk for tea business in I.O.B. area.

3. Petitioner then applied to NDMC on 9.3.1994 for change of trade to ‘garments’ on account of ill-health-NDMC filed reply dated 2.8.1995 before the Thareja Committee that they can consider change of trade from food items to other item only if no objection is given by Thareja Committee and thereafter they will consider the case on merits.

4. Committee noted the submissions on 2.8.1995 and said that the matter will be dealt with in main Report.

5. At pp. 41-42 of the main Report, the Committee pointed out that NDMC wanted to have the discretion in regard to applications for change of trade to be totally reserved to it. The Committee said that if discretion is to be given to the NDMC it is most likely that it will be abused. For exa