KISHAN LAL Vs. MCD

JUDGEMENT

(1.) THE petition impugns the communication dated 3 rd September, 2007 of the respondent MCD to the petitioner cancelling the allotment earlier made to the petitioner of a plot of land in Ghogha Dairy Colony Project. THE cancellation letter itself records that this Court vide order dated 31 st May, 2007 in W.P.(C) No.3791/2000 titled Common Cause Society Vs. Union of India and pursuant to the proceedings in which writ petition, the proposal for the Ghogha Dairy Colony Project had come up, had directed that the sole criteria for allotment of plots in the said project should be the running of dairy business by the applicants and if any of the applicants to whom allotment had been made were found to be not carrying on the said business, their allotments were directed to be cancelled. Pursuant to the said direction, according to the respondent MCD, a Committee comprising of Veterinary Officer of the respondent MCD, Veterinary Officer of the Government of NCT of Delhi and the SHO of the concerned Police Station was constituted and which Committee did not find the petitioner to be running the dairy business. Accordingly, the allotment in favour of the petitioner was cancelled.

(2.) IT is the case of the petitioner that no inspection was carried out; that he had in fact been carrying on dairy business and in support whereof the copies of the general receipts dated 24th August, 2004, 8th December, 2004, 26th July, 2005 & 8th May, 2006 of the respondent MCD of payment under Sections 417/323 of Delhi Municipal Corporation Act, 1957 were filed along with the petition.

(3.) THE matter came up before the Court on 2 nd August, 2010 when it was observed that the question whether the petitioner was carrying on dairy business at the relevant time or not was a disputed question of fact and no relief in writ jurisdiction could be granted and the remedy of the petitioner was by way of a suit. Though the counsel for the petitioner had then sought time to consider the matter but has since filed a rejoinder dated 5th October, 2010 and along with which some more receipts of the respondent MCD of payment of fine under Sections 417/323 or only under Section 417 of the DMC Act have been filed.