SHANTI DEVI Vs. MCD

JUDGEMENT

(1.) THE petitioner had in or about 2004-2005 applied for allotment of two plots of land in the Ghogha, Narela, New Dairy Colony under development by the respondent MCD. THE petitioner against the column "address for correspondence" gave the address of "Dairy H. No.680, Village & Post Office-Bakner, Delhi-110040" and against the column "name of the place where Dairy is running" filled "Bakner". On the basis of the said representation of the petitioner, the respondent MCD on 23 rd May, 2005 allotted two plots bearing No.B-106 and B-107 to the petitioner and the petitioner deposited a sum of RS.2,40,000/- with the respondent MCD thereagainst.

(2.) THE scheme for development of Ghogha Dairy Colony was mooted pursuant to the directions in a public interest litigation being W.P.(C) No.3791/2000 titled Common Cause Society Vs. UOI pending before this Court with respect to the menace of stray cattle and in which this Court also took notice of the unauthorized dairies being run in the urban areas of the city and to rehabilitate the said dairies which were directed to be removed. In the said public interest litigation, in the order dated 30 th August, 2006 it was noted that allotments had been made even to persons who were not running unauthorized dairies in Delhi and who were not in need of rehabilitation. This Court accordingly in the orders dated 30 th August, 2006 and 31st May, 2007 in the public interest litigation directed the MCD to appoint a Committee to go into the applications of each of the persons to whom plots had been allotted and to cancel the allotments made to fictitious persons and those who were not in need of any rehabilitation.

(3.) NOTICE of the writ petition was issued and vide interim order dated 19th March, 2010 it was directed that in case the petitioner succeeds in the writ petition, she will be entitled to allotment of plots as directed and the respondent MCD will ensure that plots are available.