JUDGMENT

1. The Petitioner/Okhla Industrial Area Tempo Transport Union has approached this Court challenging the Notice dated 31.12.2020 issued by Respondent No.1/DSIIDC directing the Petitioner to vacate the premises being behind Shed No.1, Okhla Industrial Estate, Phase III, Okhla, New Delhi.

2. It is the case of the Petitioner that the Petitioner is a registered union of transport workers. The Petitioner was allotted a plot measuring 80 x 80 sq. ft. behind Shed No. 1, Okhla Industrial estate, Phase III, Okhla, New Delhi at a monthly ground rent of Rs.135/- for parking the vehicles belonging to Union members on 30.06.1983 by the predecessor of the Respondent No.1 i.e., Commissioner of Industries. On 05.01.1999, a fresh permission was granted to the Petitioner for two years w.e.f 01.08.1998 till 31.07.2000. It is stated that on 18.03.2004, M/s J.K.V.B Properties Pvt. Ltd/ Respondent No.3 became the owner of Shed No. 1, Okhla Industrial Estate and started carrying out unauthorized construction behind the shed i.e. the space allotted to the petitioner. The Petitioner instituted a Suit bearing No.1086/2014 (Old No.274/2005) before the Court of Senior Civil Judge, Delhi for removal of the unauthorized construction carried out by M/s J.K.V.B Properties Pvt. Ltd. The Commissioner of Industries, the predecessor of Respondent No.1, filed a written statement admitting that the premises in question had been allotted to the Petitioner in the year 1983. The Commissioner of Industries also stated in the written statement that the Petitioner was allotted an alternate site in place of space allotted therein, but the Petitioner has not taken possession of the same and till date, the Petitioner has illegally occupied the old site despite repeated reminders.

3. Material on record discloses that M/s J.K.V.B Properties Pvt. Ltd also filed a suit being No.13/17 (Old No.CS (OS) 2384/2006) before this Court seeking permanent and mandatory injunction against the Petitioner and the Commissioner of Industries from carrying out any constructions of parking spot and for removal of encroachments. Pending the said suit, a Notice dated 20.01.2010 was issued by the Respondent No.1 to the Petitioner stating that the Petitioner is in unauthorized occupation of the premises in question and the Petitioner was directed to remove the encroachments. The Petitioner, thereafter, filed a writ petition being W.P.(C) 631/2010 before this Court seeking quashing of the Notice dated 20.01.2010. The said writ petition was disposed of by this Court vide Order dated 01.02.2010 which reads as under:

"WP (CIVIL) NO. 631/2010 & CM APPL NO.

1329/2010

1. Notice Ms. Renuka Arora, Learned Counsel accepts notice on behalf of the respondents. She states that the impugned order came to be issued pursuant to the oral issued by the Court in the course of hearing in CS (OS)

No. 2384 of 2006 on 13th January 2010.

2. A copy of the said order passed by the Court on that date does not reflect any such direction and therefore, this Court is not in a position to entertain the present petition. Nevertheless it is open to the Petitioner to apply to the said Court for appropriate directions on the basis of the impugned order issued by the Respondents.

3. The Writ Petition and the pending application are disposed of. Order be given dasti."

4. The aforesaid Order was challenged by the Petitioner by filing an appeal being LPA No.114/2010. In the appeal, the Respondents were directed not to demolish the structures of the Petitioner. However, the appeal was disposed of by this Court on 09.04.2010 by passing the following Order:

"Learned counsel for the Respondents say that they will issue a show cause notice to the Appellant for his removal from the area in dispute. It is further stated that until the show cause notice is adjudicated, action in terms of the notice dated 20th January, 2010 will not be taken.

In view of this, nothing further survives in this appeal. It is accordingly disposed of."

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