CHARANJEET DUDEJA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner who claims himself to be a 'public spirited person' has brought to this Court, by way of this writ petition filed in public interest, the problem of illegal squatting as well as encroachment on the foot-path and roads of Chandni Chowk area resulting into traffic Jams as well. The grievance made in the writ petition, in the nutshell, is that non-squatting zones and non-parking areas indicated in the vicinity of Chandni Chowk have been used for huge parkings and also used by the vendors for vegetables and fruits sellers. It is stated in the petition that in the following areas, in particular, huge parking and squatting is taking place:

(2.) The petitioner has also placed rough site plan as Annexure-A indicating therein the areas which are declared non-squatting/non-parking zones. He has also filed photographs of the site showing such congestion. The petitioner has further stated in the petition that no concrete steps are taken by the respondents to tackle the menace. He observed, with great dismay, that the crane of the respondent Nos.1 to 4 used to come and the officials of the respondents count the vehicles parked in the non-parking zones, and returned back with their crane after approaching some shopkeepers without taking any action with respect thereto for the reasons best known to them. Not even a single vehicle was touched or towed away for having parked in the area meant for non-parking zones. Furthermore, even the squatters were not asked as to how and why they were conducting their business of selling vegetables and fruits in the area declared as non-squatting and the same acts were repeated that the officials contacted some squatters went away quietly without any objections having been raised with respect thereto.

(3.) Notice of the petition was issued to the respondents which include police authorities as well as Municipal Corporation of Delhi. The respondent-MCD filed counter-affidavit dated 26.3.2001 wherein it is mentioned that the Hon'ble Supreme Court is seized of the matter regarding squatting and on 1.5.1997 Hon'ble Supreme Court had passed the following order in Gainda Ram and others Vs. M.C.D. and others which is reported as AIR 1998 SC 2363 2 (d),: A fresh exercise is ordered to be carried out by the Municipal Corporation of Delhi to identify new approved squatting sites in all the Zones. The Zonal heads, Administrative Officers of the Zone, representatives of the Traffic Police and two or three representatives of the hawkers of the Zones selected on randum basis, shall identify fresh squatting zones so that squatters are properly rehabilitated and not simply uprooted to deprive them of their livelihood. (e) After finalising the list of .....approved squatting zones fresh preference applications shall be invited and thereafter allotments be made first in accordance with preference applications...".