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1993 Supreme(SC) 506

A.M.AHMADI, A.S.ANAND
Gainda Ram – Appellant
Versus
M. C. D, Town Hall – Respondent


Advocates:
GAINDA RAM

ORDER

1. In Saudan Singh v. NOMC, AIR1992 SC 1153, JT1992 (2)SC 190, 1992 (1)SCALE679, (1992)2 SCC458 , [1992]2 SCR243 we laid down certain guidelines in paragraph 11 of the judgment concerning squatterslhawkers carrying on business activity in the area within the administrative control of MCD. The guidelines laid down were four in number, namely:

"(1) Persons who have been found squatting between 1970 and 1982 and whose names are contained in the survey report prepared after the survey conducted in 1982 will receive first priority for grant oftehbazari permission subject to the scrutiny of their claims.

(2) Insofar as casuallehbazari on weekly holidays, festivals/melas, etc., is concerned, as well as at the 67 weekly bazars held, persons availing of the said benefit will continue to be granted the casual or weekly tehbazari.

(3) Squatters who have started squatting/hawking in 1983 onwards and who were not found on the date of survey would also be considered for grant of open tehbazari of 6 x 4 subject to the production of proof of continuous squatting and proof of residence and nationality. Such squatters/hawkers would be granted open tehbazari subject to availability of space pro






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