DAVINDER SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner has filed this petition seeking a direction against respondent No. 3-MCD to allocate an alternative site/space to the petitioner within the jurisdiction of Kalkaji Police Station for running his taxi stand and for directing the respondents not to dispossess the petitioner from the present site. The factual matrix of the case is that one Kamal Kishore was given Tehbazari rights by respondent No. 3-Corporation who made a request for allotment of general taxi stand which was so allotted on 14.6.1993. It appears that the said Kamal Kishore entered into a transaction with one Surjit Singh and subsequently Surjit Singh and Davinder Singh started acting together.

(2.) A circular has been filed by the respondents in respect of the general taxi stand which says that taxis can stand at the relevant place though one person is issued the authority for the purposes of organisation. On 30.10.1995 the Deputy Commissioner of Police issued an order on the basis of a no objection certificate dated 11.10.1995 issued by the MCD for land use of the temporary taxi stand/free taxi parking site on the vacant land near to the boundary wall of the DDA Park, Nehru Place, New Delhi. In terms of the order passed under under Section 3 of the Delhi Control of Vehicular and other Traffic on Roads and Streets Regulations, 1980 a general taxi stand for parking of 5 taxis at site was notified.

(3.) The present petition has been filed by Davinder Singh who does not want to be shifted from the site and it is contended by learned Counsel for the petitioner that in view of the documents executed inter se between the petitioner, Surjit Singh and Kamal Kishore, the petitioner has a right.