Transfers of Tehbazari/vending sites to non-family members occurring after the cut-off date of 06.02.2007 are illegal and cannot be recognized or regularized by the Municipal Corporation of Delhi.

Prathiba M. Singh, J.

(Oral)

1. This hearing has been done through hybrid mode.

2. The prayer in this case is for issuance of directions to the MCD to update the registered mobile number and identity proof in respect of Tehbazari Site No. 13350, Sector-4, R.K. Puram, New Delhi (hereinafter, ‘the Tehbazari site’) to reflect the Petitioner’s credentials.

3. The background of the case is that the Petitioner claims to have entered into certain transaction documents i.e. Agreement to Sell, General Power of Attorney, possession letter, Will in January, 2010 along with one Sh. Pawan Yadav and Sh. Dinesh with respect to the Tehbazari Site.

4. Thereafter, a request was filed by the Petitioner before Deputy Commissioner (South Zone) for updation of his mobile number and other credentials with respect to the Tehbazari site. However, it is the case of the Petitioner that no steps were taken in this regard.

5. After sometime, a complaint was registered against one Ms. Naz Khan for illegally registering her name and mobile number in connection with the Tehbazari site, however, no action was taken in this regard either.

6. The Petitioner was then stated to have discovered that the MCD was accepting rent from Ms. Naz Khan for the Tehbazari site, despite the Petitioner’s prior payment.

7. Thus, the case of the Petitioner is that his credentials ought to be updated for the said Tehbazari site.

8. Ld. Counsel for the Respondent has brought to the notice of the Court, a judgment dated 09th April, 2009 passed by the Supreme Court of India in W.P. (C) No. 1699/1987 titled Patri Vyapar Mandal Delhi (Regd.) vs. MCD Town Hall & Ors. in which, the Supreme Court has clearly laid down the cut- off date as 6th February, 2007 for transfer of Tehbazari sites to non-family members. The relevant paragraph of the said decision of Supreme Court is set out below:

“23. So far the prayer of the MCD with regard to the transfer of tehbazari/vending sites to the non-family members as per the Scheme of the MCD is concerned, this Court passed an order dated 06.02.2007 barring transfer of tehbazari /vending sites which was reiterated in the order dated 17.05.2007. The said orders were meant to be prospective in nature and, therefore if any such tehbazarí/vendinq sites were transferred prior to 06.02.2007 the same could be considered as a valid transfer. But, in any case, no transfer made after 06.02.2007 by way of change of hands, safe etc. would be allowed and any such transfer, if made, would be illegal. Persons found to have been transferred their tehbazari/vending sites after 06.02.2007 could be evicted as per the due process of law. We believe that the aforesaid order which we have passed with a cut of date of 06.02.2007 and declaring all subsequent transfers as illegal and invalid would likely to cause the process of allotment of new tehbazari/vending sites smooth and easy.”

9. Pursuant to this judgment, the MCD, vide Circular bearing No. CL&EC/TTR/2009/532 dated 9th October, 2009, issued by the MCD, Central Licensing and Enforcement Cell, has clarified that whenever there is a change of hands in respect of any Tehbazari, which has taken place after 6th February, 2007, such transfer would not be recognisable and that action for eviction is liable to be taken. The circular dated 09th October, 2009 reads as under:

“NO. CL&EC/TTR/2009/532

DATED:9/10/2009

CIRCULAR

Taking cognisance of the request of the MCD, the Hon’ble Supreme Court of India in the cases titled as "Gainda Ram & Others Vs MCD", "Sudhir Maden Vs MCD & Others" in WPC No. 1699/1987 vide judgement dated 09.04.2009, agreed to permit the change of hand/transfer by sale in respect of tehbazari/squatting sites and Vending/Hawking licence holders, where such change of hand/transfer by sale has taken place upto 06.02.2007. The Corporation vide Resolution No. 201 dated 10.08.2009 approved the norms for permitting such change, which are as under:-

i) The transfer fee will be charged at the following rates from th