D K WADHWA Vs. MCD

JUDGEMENT

(1.) MR. D.K. Wadhwa, petitioner in WP(C)4612/2010, having been granted a licence under Section 420 OF Delhi Municipal Corporation Act by the MCD for parking a Chef Cart in front of School of Open Learning , 5, Cavalry Lane, University of Delhi, filed the writ petition impugning the notice dated 6th July, 2010 of the MCD directing him to remove the Chef Cart/Catering Van from the said location and to shift to a suitable place after getting NOC from DCP (Traffic). The reason given by the MCD was that the Chef Cart was causing nuisance and obstruction at the said site and was also required to be removed in view of the Common Wealth Games Venue University stadium in the vicinity. The said writ petition came up before this Court first on 14th July, 2010 when MR. D.K. Wadhwa offered to remove himself from the site during the Commonwealth Game with right to return to the said site thereafter. Notice of the said petition was issued and it was directed that after the Commonwealth Game MR. D.K. Wadhwa would be entitled to return to the said site and would not be disturbed from carrying on his business therefrom if not in breach of the terms and conditions imposed upon him. The said order has continued in force till now. The licence granted to MR. D.K. Wadhwa is valid till 31 st March, 2011. MR. D.K. Wadhwa of course claims a right to apply for renewal of the licence.

(2.) THE School of Open Learning filed WP(C)7676/2010 claiming the relief for removal of the Chef Cart. Both petitions are being taken up together for consideration. THE counsels have been heard.

(3.) NOW barely about two and a half months remain of the validity of the licence presently in vogue. The counsels have relied upon a circular dated 22nd July, 2009 of the MCD where in the case of renewal of licence, no fresh NOC is required from Traffic Police and it is provided that if the Traffic Police finds the location approved by MCD to be unworkable from traffic point of view, the parking site will be changed as per alternative site allotted by Traffic Police Department. The Traffic Police though has found the location approved by MCD to be unworkable, has till date not allotted any alternate site to Mr. D.K. Wadhwa.