W.P.(C) 3931/2011

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*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

W.P.(C) 3931/2011 and C.M. No.8163/2011

Decided on 06.09.2011

IN THE MATTER OF :

JAGDISH PRASAD GUPTA

..... Petitioner

Through:

Mr. Anil K. Aggarwal and

Mr. Abhay Kumar, Advocates

versus

MCD

..... Respondent

Through:

Mr. Dev P. Bhardwaj, Advocate

CORAM

* HON'BLE MS.JUSTICE HIMA KOHLI

1. Whether Reporters of Local papers may

be allowed to see the Judgment?

No

2. To be referred to the Reporter or not?

No

3. Whether the judgment should be

reported in the Digest?

No

HIMA KOHLI, J. (Oral)

1.

The present petition is filed by the petitioner praying inter alia for

quashing of an order dated 25.02.2011 passed by the Appellate Authority

constituted under the directions of the Supreme Court of India for dealing

with the cases of vendors in appeal.

2.

The brief facts of the case, as per the petitioner, are that since the

year 1982, he has been conducting his vending activities from in front of

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W.P.(C) 3931/2011

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Vishal Cinema, Rajouri Garden and that he has been regularly paying the

tehbazaari fee to respondent/MCD. In the year 1995, without affording a

hearing to the petitioner, respondent/MCD allotted to him an alternate

vending site at Khayala Village near Tilak Nagar. However, as the new

site was found unsuitable by the petitioner, he continued to vend from his

old site. Further, as per the petitioner, in the year 2000, respondent/MCD

started issuing him receipts of tehbazaari fees showing that he was

vending from two other sites, namely Raghubir Nagar and Tilak Bazaar.

The petitioner contends that on inspection of both the sites, he found

them unsuitable for vending and continued vending from his old site in

front of Vishal Cinema.

3.

The

petitioner

claims

that

he

was

forcefully

removed

by

respondent/MCD from his vending site in front of Vishal Cinema, Rajouri

Garden in the year 2008. Aggrieved by the said removal action, the

petitioner filed WP(C) No. 8231/2008, wherein an order dated 24.11.2008

was passed directing respondent/MCD to ensure that the site allotted to

the petitioner at Raghubir Nagar be handed over to him. As per the

petitioner, the said site was never handed over to him, and inspite of

that, respondent/MCD continued to issue tehbazaari receipts to him for

the site at Raghubir Nagar.

4.

Subsequently, the petitioner filed another petition, registered as

WP(C) No.10244/2009, praying inter alia that in case he is not permitted

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W.P.(C) 3931/2011

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to vend from his original site at Rajouri Garden, he be allotted an

alternate site. Vide order dated 20.07.2009, passed in the aforesaid

petition, the petitioner was granted liberty to approach the Zonal Vending

Committee to agitate his grievance therein. On approaching the Zonal

Vending Committee with the prayer that the vending site allotted to him

at Raghubir Nagar be changed to a site either at Vishal Cinema or on

Chaudhary Balbir Singh Marg or in Janakpuri or Karampura, vide order

dated 29.1.2010, the Presiding Officer held that only the Appellate

Authority constituted under the scheme laid down by the Supreme Court

would be competent to consider a change in the tehbazaari site.

5.

Thereafter, the petitioner filed a third writ petition, registered as

W.P.(C) 6612/2010 praying inter alia for restraining the respondent/MCD

from forcibly dispossessing him from the hawking/squatting site opposite

Vishal Cinema. Vide order dated 28.09.2010, the relief sought by the

petitioner in the aforesaid writ petition was declined by observing that the

petitioner could not claim any right to hawk/squ