RATTAN LAL PRAJAPATI Vs. MCD & ORS.

JUDGEMENT

(1.) APPELLANT is earning his livelihood by selling pan, bidi and cigarettes as a squatter on the land of Municipal Corporation of Delhi (for short 'MCD') in front of United Bank of India, Gandhi Nagar since 1980. He applied with the respondent for permission of squatting vide receipt No. 72967 dated 23rd July, 1992. Despite deposit of Rs. 3,000/ -, respondent failed to allot the said land to the appellant as a squatter. Hence, he filed a suit for permanent injunction against the respondent.

(2.) RESPONDENT in the written statement raised a defence that Teh Bazari of the appellant was cancelled and therefore, he became an encroacher of the municipal public land. Respondent also referred to directives of the Supreme Court dated 1st May, 1997 by virtue of which MCD was directed to investigate all the Teh Bazari matters and thereafter scrutinize all the documents in this regard and allot sites to eligible persons. However, appellant despite service of registered letter upon him, failed to submit his documents in respect of continuing Teh Bazari payment as required and therefore, his Teh Bazari was cancelled.

(3.) TRIAL Court in view of Gainda Ram's case (supra) dismissed the suit as not maintainable and declined to give relief of injunction as claimed by him. Thereafter appellant filed a Regular Civil Appeal bearing RCA No. 52/2004, which was also dismissed by the Appellate Court vide its impugned judgment and decree dated 25th January, 2007.