HIRALAL Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) . Rule. With the consent of the parties, writ petition is taken up for disposal.

(2.) . Petitioners have filed the present writ petition, seeking a direction to the respondent/MCD to regularise the shops of the petitioners and to pass further orders and direc- tions, as may be required. The case of the petitioners is that they are permanent shopkeepers in Guru Hari Kishan Market, Jangpura Extension, New Delhi, opposite Eros Cinema, New Delhi, on a piece of land, which belongs to MCD. Petitioners claim that initially the allotment was made of tehbazari sites and petitioners had duly paid the tehbazari charges from April, 199 7/03/1981. Petitioners claim that vide a Resolution No.17 dated 16/1/1985, passed by the Adhoc (Survey and Rehabilitation of Patri and Khomchawalas) Committee, recommendation was made to the Corporation through its standing Committee to permit conversion of open tehbazari to covered tehbazari. Petitioners claim that pursuant to the recommendations of the Committee petitioners were permitted by MCD to construct the shops over their respective sites of open tehbazari with their own funds.

(3.) . Petitioners claim to have constructed the shops during the year 1986 to 1997. Some of the petitioners claim that they had regular water, electricity and telephone connections. Petitioners claim that for ulterior motives, certain employees along with the local councillor had come to the site on 13/7/1991 and threatened demolition of the shops unless their illegal and unreasonable demands were met.