VIJAY KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) . This writ petition has been filed by the allottee of a site in DDA's Swaran Jayanti park, Sector 10, Rohini who had been granted permission to install "jhoolas"/joy rides such as Catter-Piller, Joint-wheel, Merry-Go Round, Jumping and Toy Train for a period of two months from 6.7.2001 to 4.9.2001. It is the case of the petitioner that after he deposited the money and completed the formalities, there was considerable delay in DDA giving possession alleged1y at the instance of local M.L.A. Subsequently according to the petitioner, he got the possession and immediately thereupon made an application dated 14.8.2001 seeking grant of per mission at. the allotted site from the DCP Licensing.

(2.) . According to the petitioner, when he ultimately started running his Joy rides, the area SHO, at the instance of area MLA, not only booked the petitioner under Section 28/112 of Delhi Police Act, but also stopped his business by total transgression of the police powers, both by arresting the petitioner and also physically stopping/removing the "jhoolas". Such power, according to the petitioner, was'only vested in the Court, and not upon the SHO.

(3.) . According to the petitioner, he was thereby totally prevented from the benefit of DDA's allotment in his favour, but on the other hand and instead, another party who was not even having any permission at all from the DDA, was allowed to operate "jhoolas" at the same location by the active connivance or at least the kindness of the Police authorities. The said joy rides of the said third party continued till only after the appointment, of Local Commissioner by this Court, that the same came to be stopped.