GAINDA RAM Vs. M C D TOWN HALL

JUDGEMENT

(1.) In Saudan Singh v. NDMC we laid down certain guidelines in paragraph 11 of the judgment concerning squatters/hawkers carrying on business activity in the area within the administrative control of MCD. The guidelines laid down were four in number, namely:

(2.) The MCD has also stated that no covered tehbazari/kiosks/stalls/ shops will be given to any person under the present scheme and only open-to-sky tehbazari on area admeasuring 6' x 4' would be permitted to eligible squatters and the seniority list will be prepared accordingly on submission of proof. Counsel for the squatters/hawkers contended that earlier covered tehbazari/kiosks/shops/stalls was permitted to some of them like Jai Jawan Stores, etc. , and if by this procedure it is intended to disturb them that should not be permitted. We read this procedure only to mean that those who have not been expressly given such facility will not be given covered tehbazari/ kiosks/shops/stalls, etc. , under the scheme which is being finalised. We would like to clarify that in the name of the procedure set out by the MCD, which they propose to follow to finalise claims, they would not be permitted to change the nature of the tehbazari of those, who have been expressly permitted facility of covered tehbazari/kiosks/shops/stalls in the past but those who are not given that facility will not be entitled to it. We may also clarify that temporary tarpaulin covers/umbrellas would not fall within the expression 'covered tehbazari' because these would be necessary to combat the vagaries of nature. They will, however, be liable to be evicted if under this pretext they try to put up a semi-permanent cover over the area on which they are permitted to squat. By way of abundant caution and to avoid harassment it would be desirable for them to put up only a temporary cover to beat the sun or the rain and remove it when they leave the place after business hours.

(3.) Under category (3 in paragraph I I of the judgment, we have in the concluding lines stated that such squatters/hawkers would be granted open tehbazari subject to availability of space provided they have cleared the dues of the MCD. Counsel submitted that this requirement of clearing the dues is likely to cause avoidable hardship since the period covered would be almost of a decade and at times more. Many of the squatters/hawkershaving regard to the segment of society to which they belong may not have retained the receipts and it would also be well nigh impossible for the MCD to verify their records and determine whether or not such squatters/hawkers had in fact paid the tehbazari. We have considerable force in this submission and we, therefore, provide an option to the squatters/hawkers, who face this difficulty to pay a lump sum of Rs. 3,000. 00 in four quarterly instalments of Rs. 750. 00 each. The first instalment will be paid within one month after the receipt of the order or intimation of allotment from the MCD. The subsequent instalments will be paid every three months thereafter. If any squatter/hawker commits a default in the payment of the instalments, his allotment will be liable to be cancelled one month after a reminder is sent to him and the next person in the order of seniority will be allotted that space.