SODAN SINGH Vs. N D M C

JUDGEMENT

(1.) Leave granted.

(2.) This judgment is in continuation of two earlier judgments of this Court rendered in this very case, which is a public interest case concerning the hawkers, squatters, etc. in the public streets in the New Delhi Municipal Committee area. The first of the judgments was rendered by a Constitution Bench on 30-8-1989 in Sodan Singh v. N.D.M.C. (1989) 4 SCC 155 and the second was rendered on 13-3-1992 by a three Judge Bench in Soudan Singh v. N.D.M.C. (1992) 2 SCC 458 . In sub-para 6 of para 10 of the latter judgment, all cases then pending except one (the case now before us) were treated as disposed of and claimants were permitted to seek further directions in future as and when the Thareja Committee Report (to which we shall presently refer) was given. The said report was given in May 1996 and thereafter about 130 I.As. were filed in this S.L.P. pursuant to the permission granted as stated above. We heard these IAs. We have also heard the objections of the NDMC to the Thareja Committee Report. Counsel made various submissions on 6th, 7th and 8th January. Several IAs were rejected at the time of the said hearing. In some IAs where the claimants were found 'eligible' by the Thareja Committee, orders were passed adopting the recommendations of the Committee as orders of the Court subject to "general directions" to be given in the case now before us. Some IAs of 'eligible' claimants were adjourned and are being disposed of separately.

(3.) We shall make a brief reference to the events which have taken place hitherto and then deal with the issues argued before us. The first Sodan Singh Case (1989) 4 SCC 155: