RAMESH CHANDRA AGGARWAL Vs. MCD

JUDGEMENT

(1.) THE petitioner claiming to be a resident of House No.127, Gautam Nagar, New Delhi filed this writ petition for directing the respondents MCD and the Police Authorities to stop the respondent no.4 from operating illegal Atta Chakki and Masala Chakki from Property No.130-B, Gautam Nagar, New Delhi. It is the contention of the petitioner that the street in front of House No.130-B, Gautam Nagar, New Delhi from which the Atta Chakki is being run by the respondent no.4 is hardly about five meters wide and no Atta Chakki can be permitted to be run therefrom.

(2.) NOTICE of the writ petition was issued and the respondent no.1 MCD filed an affidavit dated 6/10th August, 2007 in which it was inter alia stated that the factory license for Atta Chakki had been issued to the respondent no.4 with load of 5 KW at ground floor of the property under the household category.

(3.) THE counsel for the petitioner has then contended that the electricity load allowed for Atta Chakki is more than 5 KW. Attention in this regard is W.P.(C) No.3369/2007 Page 2 of 3 invited to the first document annexed to the affidavit filed by the respondent no.6 and in which the load is mentioned as 7.50 KW. THE counsel for the respondent no.6 BSES Rajdhani Power Ltd. has however stated that the said document pertains to the year 1978 and in the subsequent bills filed, the load is shown as of 5 KW. It is thus contended that there is no non-compliance on that ground also.