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2005 Supreme(Del) 396

SANJAY KISHAN KAUL
M. C. D. – Appellant
Versus
NARESH KUMAR – Respondent


B. C. PATEL, J.

( 1 )

( 2 ) LEARNED counsel for the respondents waives service of notice on behalf of the respondents.

( 3 ) THE matter is taken up for final disposal at this stage at the request of learned counsel for the parties.

( 4 ) THE present appeals are preferred against the Orders made by learned Single Judge in WP (C) Nos. 17804-08/2004 and WP (C) Nos. 17791-803/2004 on 19. 11. 2004.

( 5 ) THE dispute has had a chequered history. Thus, it is necessary to set out the facts in that behalf.

( 6 ) THE claim of the squatters / hawkers carrying on business activity in the area within the administrative control of the Municipal Corporation of Delhi came to be considered in Saudan Singh v. N. D. M. C. and Ors. , (1992) 2 SCC 458. The petitioners in the said petition were persons claiming a right to trade on the pavement situated within the areas under the control of MCD and NDMC in different parts of the city of Delhi. This judgment was a sequator to the Constitution Bench judgment in Sodan Singh v. New Delhi Municipal Committee, (1989) 4 SCC 155, which came to the conclusion that the right to carry on trade or business mentioned in Article 19 (1) (g) of the Constitution of India




















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