IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ALLOTMENT OF TEHBAZARI W.P.(C) 1249/2012 and CM 2716/2012 IN THE MATTER OF Decided on: 13.03.2012 SMT.OM WATI Through: Mr. M.M. Kashyap, Advocate Petitioner versus MCD AND ANR Respondents Through: Mr. Kapil Dutta, Advocate for R-1/MCD with Mr. K.C. Mittal, AO/MCD/SZ and Mr. Tikam Singh, Inspector, MCD/SZ. Mr. Shariq Mohammad, Advocate for R-2/Delhi Police. CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J. (ORAL) 1. The present petition is filed by the petitioner praying inter alia for directions to the respondents to allow her to carry on squatting at the originally allotted tehbazari site measuring 6 x4 W.P.(C) 1249/2012 Page 1 of 6
(open to sky), situated opposite Shop No.E-39, near the Temple at Hauz Khas Market, New Delhi. It is the contention of the counsel for the petitioner that the petitioner s Tehbazari site is not outside the park from where the officers of the MCD have removed her and all the Tehbazari holders on the ground that an underground parking has been built in the park. Instead, he claims that the site of the petitioner is situated opposite shop No.E-39, near the Temple at Hauz Khas Market, New Delhi and the petitioner ought not to have been disturbed as her site did not create any hindrance for the underground car parking across the road. 2. The matter had come up for admission on 02.03.2012, on which date, counsel for respondent No.1/MCD, who appeared on advance copy, had sought time to produce the original records so as to verify the exact location of the site as allocated to the deceased husband of the petitioner in terms of the letter dated 27.05.2002 issued to him. Pertinently, the petitioner herein has stated that her husband had expired in the year 2005, whereafter W.P.(C) 1249/2012 Page 2 of 6
she had filed an application for mutation with respondent No.1/MCD on 23.02.2010, which is stated to be pending consideration. In para 4 of the writ petition, the petitioner has averred that she has been carrying on trade peacefully at the allotted tehbazari site situated opposite shop No.E-39, near Temple, Hauz Khas, New Delhi. 3. On 21.02.2012, respondent No.1/MCD had sent notices to all the Tehbazari holders sitting at the site outside the park, at Hauz Khas Market, New Delhi, informing them that as the MCD had constructed an underground parking in the park, the Tehbazari holders located at the exit and entry gates of the underground parking had to be shifted from there so as to facilitate the smooth ingress and egress of vehicles. It was further informed by the MCD that the authorized Tehbazari holders would be considered for being shifted to Sector-VII, R.K. Puram Market No.2 in due course (Annexure P-5). 4. Today, counsel for respondent No.1/MCD states on instructions from the department that the site in question, which W.P.(C) 1249/2012 Page 3 of 6
was allotted to the husband of the petitioner has been duly described in the allotment letter dated 27.05.2002 as opp. E-39, Near Mandir, Hauz Khas Mkt.. Apart from the aforesaid document, counsel for respondent No.1/MCD produces a copy of the identity card issued by the MCD in favour of the deceased husband of the petitioner, wherein the site of squatting has been similarly described. Learned counsel also hands over the photographs of the site as taken on the date of removal of the petitioner and of 26 other squatters located at the same site, to indicate that the exact location of the squatting site of the petitioner was behind the temple in the Hauz Khas Market. Copies of the letter dated 27.05.2002 as also the identity card and the photographs of the site handed over by the counsel for respondent No.1/MCD with copies to the other side, are taken on record. 5. Counsel for the petitioner however disputes the fact that the location of the site as indicated in the allotment letter dated 27.05.2002 issued by the MCD is near the temple. He W.P.(C) 1249/2012 Page 4 of 6
states that the site is on the other side of the road and therefore the petitioner should not be disturbed. The aforesaid submission is not borne out from a perusal of the allotment letter issued by the MCD in favour of the deceased husband of the petitioner as also the Identity Card issued to him. The petitioner has not produced any other document in support of her claim and there is no ground to disbelieve the documents produced by the respondent/mcd. 6. Counsel for respondent No.1/MCD explains that the petitioner and 26 other Tehbazari holders have had to be removed from the site in question for the reason that the underground parking site is situated at the back of the temple at the Hauz Khas Market and free ingress and egress of the vehicles into the underground parking is required to be ensured. He further states that in any case, in the letter dated 21.02.2012, the authorized Tehbazari holders have been assured by the MCD that they would be considered for being shifted from their present sites to Sector-VII, R.K. Puram Market, No.2 and in terms of the W.P.(C) 1249/2012 Page 5 of 6
aforesaid assurance given, alternative sites have already been identified by the MCD and 16 authorized Tehbazari holders including the petitioner herein shall be relocated to sites located in Sector-VII, R.K. Puram Market and intimation in this regard shall be communicated to them very soon. 7. In view of the aforesaid facts and circumstances, this Court is not inclined to entertain the present petition, which is accordingly disposed of with liberty granted to the petitioner to approach the respondent/mcd for identification of the exact tehbazari site, where she has been relocated to enable her to carry on her trade from there. 8. The petition is disposed of alongwith the pending application. Sd./- MARCH 13, 2012 (HIMA KOHLI) JUDGE W.P.(C) 1249/2012 Page 6 of 6