JAGDISH PRASAD GUPTA Vs. MCD

JUDGEMENT

(1.) The present petition is filed by the Petitioner praying inter alia for quashing of an order dated 25.02.2011 passed by the Appellate Authority constituted under the directions of the Supreme Court of India for dealing with the cases of vendors in appeal.

(2.) The brief facts of the case, as per the Petitioner, are that since the year 1982, he has been conducting his vending activities from in front of Vishal Cinema, Rajouri Garden and that he has been regularly paying the tehbazaari fee to Respondent/MCD. In the year 1995, without affording a hearing to the Petitioner, Respondent/MCD allotted to him an alternate vending site at Khayala Village near Tilak Nagar. However, as the new site was found unsuitable by the Petitioner, he continued to vend from his old site. Further, as per the Petitioner, in the year 2000, Respondent/MCD started issuing him receipts of tehbazaari fees showing that he was vending from two other sites, namely Raghubir Nagar and Tilak Bazaar. The Petitioner contends that on inspection of both the sites, he found them unsuitable for vending and continued vending from his old site in front of Vishal Cinema.

(3.) The Petitioner claims that he was forcefully removed by Respondent/MCD from his vending site in front of Vishal Cinema, Rajouri Garden in the year 2008. Aggrieved by the said removal action, the Petitioner filed WP(C) No. 8231/2008, wherein an order dated 24.11.2008 was passed directing Respondent/MCD to ensure that the site allotted to the Petitioner at Raghubir Nagar be handed over to him. As per the Petitioner, the said site was never handed over to him, and inspite of that, Respondent/MCD continued to issue tehbazaari receipts to him for the site at Raghubir Nagar.