DELHI TEMPO TRASPORT UNION Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner confines its prayer in the writ- petition to allotment of an alternate site for the parking of the tempos and commercial vehicles of its members. The shifting and non-availability of tempos and commercial vehicles, which cater to the needs of the Ajmeri Gate market could adversely affect the trading activities. Besides,' there is also the humane need to rehabilitate the members of the petitioner, who would be dis-located as a result of the development of the Ajmeri Gate complex. Considering these factors, the Court vide orders dated 11/5/2001 and 18/5/2001 directed the respondent/DDA to consider earmarking of a temporary site, where, in the interregnum, the tempos, not only of the petitioner but of others also could be parked. Respondent/DDA had duly considered the matter. Mr.S.Roy, Director (01.-) and Ms.Savita Bhandari, Director (Landscape) of DDA were present in Court on 18/5/2001 and had indicated the site/space on the Tagore Road, where the members of the petitioner could park their tempos. Petitioner had sought time to examine the site. This has been done. Respondent/DDA has handed over a site plan, showing the site, which has been marked in blue in the plan.

(2.) Petitioner is agreeable to the same. It is clarified that the present site, which is being made available to the members of the petitioner and others is purely as a temporary arrangement, in the interregnum, and it would not confer any right on the petitioner to claim a site in lieu thereof. In this connection, it is to be noted that licence of the petitioner's members for the existing site had already been expired and they could not claim allotment by way of right. The present arrangement has been arrived at for the purpose of preventing hardship to the petitioner and others as also to avoid inconvenience to the traders and the general public. The permission to utilise the present site at Tagore Road would not confer any right on the petitioner to seek allotment in the multi-tier parking or any other parking in the complex to come up at the Ajmeri Gate. However, petitioner would be free to apply for allotment of the same alongwith others on the terms and conditions, as may be notified by the concerned authorities.

(3.) Regarding the utilisation of the site at Tagore Road, petitioner has been informed that loading and unloading of goods cannot be done at the site in question. For the purpose of loading and unloading, petitioner could utilise the adjacent space near the road, where the police station is located. Parties are agreed on this. The arrangement has also been discussed with the Delhi Traffic Police and has its concurrence. A sufficient opening shall be provided by the MOD in the railing for the vehicles to enter and exit from the site in question. Petitioner, shall remove all its, movables and its effects from the existing site in question within a week from today. The writ petition stands disposed of in the above terms and the stay order shall stand vacated, in view of the direction given to the petitioner to remove its movables and effects within a week from today. A copy of the order be given dasti to counsel for the parties.