BAWA SINGH Vs. MCD

JUDGEMENT

(1.) THE petitioner no.1 claims to be the allottee (in the year 1954) of shop No.24 ad-measuring 54.4 sq. yds., South Patel Market, New Delhi. THE petitioners no.2&3 are the sons of the petitioner no.1.It is the claim of the petitioners that the aforesaid shop being a corner shop, an open piece of land ad-measuring 60 sq. yds. existed adjacent to the shop; the petitioners in or about the year 1963 put up a temporary room over the said plot of land ad-measuring 60 sq. yds. and the said room has been in existence since then. Claiming that similar plots adjoining other properties had been allotted by the respondents (MCD & L&DO) to owners of adjacent properties as per policy, the petitioners claim to have approached the L&DO in this regard. THE petitioners however claim that notwithstanding their representations no allotment was made in their favour. THE petitioners then filed W.P.(C) No.3563/2007 (i.e. after 44 years of admitted unauthorized occupation of land) in this Court impleading L&DO and MCD as a party thereto and seeking direction to the said parties to allot the said plot to the petitioners.

(2.) L&DO in W.P.(C) No.3563/2007, on 14th May, 2007 stated that it had no role to play in the matter as the area stood transferred to the MCD. On the basis of the Status Report filed by the MCD in that writ petition, this Court on 20th July, 2007 recorded that the property in question (i.e. the plot aforesaid) belonged to the MCD. The said writ petition was disposed of with the direction to the petitioners to make an application to the MCD for allotment of the said plot and with a direction to the MCD to dispose of the said application of the petitioners.

(3.) ACCORDINGLY application of the petitioners was rejected. Notice of this petition was issued and vide order dated 28 th January, 2009 MCD directed to maintain status quo with respect to the aforesaid plot of land ad-measuring 60 sq. yds; resultantly the unauthorized occupation and construction by the petitioners on the said plot of land continues.