LAJYA RAM KAPUR Vs. UNION OF INDIA

JUDGEMENT

(1.) These writ petitions have been filed by the licencees of the shops in the Indian Oil Bhawan building situated at Janpath seeking ownership rights on the same basis as granted in other refugee markets and for quashing the letters dated 9.11.2000 and 28.11.2001 increasing the licence fee for the occupants.

(2.) In order to appreciate the controversy in question it is necessary to set out the background in which these petitioners came to occupy the shops in the building. The petitioner or their predecessors in interest were refugees from Pakistan but having migrated to India came to squat in the verandas of Connaught Place to make out a living in those difficult circumstances. In order to provide a source of livelihood and to clear the squatting, such persons were given temporary stalls at road berms of Janpath, Irwin Road and Punchkuian Road by holding a draw of 2003 (68) DRJ.... lots. Thus such persons came to the distributed in different areas only by reason of their fate in the draw of lots. In about 1950 stalls were put up at the Janpath road berms and the petitioners were occupants of these shops. There are 26 such petitioners before the court. A fixed licence fee was being recovered from these persons occupying the stalls.

(3.) It is also relevant to note that in pursuance to the Gadgil assurances Government of India had assured the displaced persons of allotment of sites at concessional rates at no-profit-no-loss basis. The issue, however, remained pending and while ownership rights were given in some of the refugee markets in Delhi no such rights were given for others and only licence fee was charged.