GENERAL TAXI STAND Vs. ASSISTANT ENGINEER CPWD

JUDGEMENT

(1.) These two petitions raise common questions concerning the General Taxi Stands ('GTS') notified by the Deputy Commissioner of Police (Traffic) ['DCP (Traffic)'] and permitted to operate on land owned by the Land & Development Office ('L&DO').

(2.) The facts in Writ Petition (Civil) 7057 of 2009 are that on 16th October 1979, an order was passed by the Commissioner of Police, Delhi in exercise of the powers under Section 28 (1) (b) of Delhi Police Act, 1978 ('DP Act') stating that the places specified in the Schedule annexed to the said order shall be used as GTS. At Serial No. 3 of the Schedule to the said order was the location: 'Near new constructed road at Pragati Vihar Apartments, Lodi Road, New Delhi.' It is stated that after the notification of the aforementioned GTS, the Petitioner i.e. Mr. Suresh Chand approached the Municipal Corporation of Delhi ('MCD'), Respondent No. 2 who issued the Tehbazari in his name. It is further stated that a telephone booth was also sanctioned on 22nd December 1979. Suresh Chand claims that he was paying the Tehbazari fees to the MCD till March 2009 and that at no point of time was there any deviation from the terms and conditions attaching to the aforementioned notification. It is claimed that the GTS has been used for parking and plying taxis.

(3.) On 8th January 2004, a notice was issued by the L&DO addressed to Mr. Krishan Dutt Yadav stating that the land on which the GTS was located was being unauthorizedly used for commercial purposes and, therefore, was required to be vacated forthwith. In reply to the said notice, Suresh Chand by a letter dated 30th January 2004 pointed out that Krishan Dutt Yadav is his cousin brother and that it was his understanding that the land in question was under the control of the MCD. The L&DO was requested to sort out the matter with the MCD and withdraw the notice.