NASIRUDDIN Vs. MCD

JUDGEMENT

(1.) THE present petition is filed by the petitioners praying inter alia for directions to the respondents to conduct a survey of the dairies of the petitioners as also to consider the applications of the petitioners for allotment of plots in Ghogha Dairy as per law.

(2.) AT the outset, counsel for the petitioners was requested to inform the Court as to the date on which the applications, copies of which have been placed on record at pages-20-31, were submitted to the respondent/MCD. The said query was raised in view of the fact that photocopies of the aforesaid applications placed on record by the petitioners neither bear a date of filing of the applications nor an endorsement of the respondent/MCD showing receipt of the said applications. Counsel for the petitioner orally submits that though there is no averment in the writ petition as to the exact date on which the aforesaid applications were submitted by the petitioners to the MCD, the said applications were, in fact, submitted sometime in the year 2004.

(3.) IN view of the fact that the petitioners have not been able to establish the factum of their filing the applications with the respondent/MCD for seeking allotment of alternate plots in the Ghogha Dairy project for running their dairies and considering the fact that the petitioners had three opportunities to apply to MCD for relocation of their dairies to the Ghogha Dairy Project, none of which appear to have been availed by the petitioners, the question of issuing any directions to the respondent/MCD for allotment of plots in their favour, does not arise. This Court is not inclined to entertain the present petition.