DHEERAJ KUMAR Vs. N D M C

JUDGEMENT

(1.) The petitioner was a licencee under the respondent no.1 NDMC for running a snack bar at the water fall in Talkatora Garden, New Delhi. The petitioner was removed/evicted from the said site. The said removal/eviction was inter alia the subject matter of WP(C) 10644/2006 before this court which was disposed of on 7th January, 2008. This court did not find the order cancelling the licence of the petitioner to be suffering from the vice of arbitrariness or irrationality. The cancellation of the licence was thus upheld. During the course of hearing, it has emerged that proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 were instituted against the petitioner thereafter and the petitioner was evicted in pursuance to the order therein.

(2.) The petitioner, at the time of dismissal of the writ petition WP(C) 10644/2006 aforesaid, contended that he was entitled to be considered for an alternative allotment. This court in the order dated 7th January, 2008 (supra) left it open to the petitioner to approach the respondent no.1 NDMC for alternative allotment in terms of their policy, if any, and further directed that if any such request was to be made, the same shall be considered sympathetically in accordance with law.

(3.) The request of the petitioner for alternative site was rejected by the respondent no.1 NDMC on 11th March, 2008 on the ground that no alternative site can be provided to any occupant against the tender space. It is not in dispute that the site at Talkatora was licenced to the petitioner pursuant to an open tender.