AMAR TAXI SERVICE Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE present petition is filed by the petitioner praying inter alia to restrain the respondents from removing/obstructing/interfering with the petitioner taxi stand and calling upon them to follow due process of law in case there is any legitimate reason to shift the petitioner taxi stand situated near Alankar cinema now known as CCC, Lajpat Nagar, New Delhi.

(2.) IN support of his submission that the taxi stand in question had been allotted to the petitioner, counsel for the petitioner relies upon the order dated 02.04.1981 passed by the Commissioner of Police, Delhi. The aforesaid order is reproduced hereinbelow:-

(3.) PERTINENTLY, counsel for respondents No.1 to 3/Delhi Police draws the attention of the Court to the counter affidavit filed by the said respondents to state that the subject General Taxi Stand has not been de- notified and the same remains functional at the designated place. Furthermore, in view of the fact that the taxi stand in question is a General Taxi Stand and no special rights have accrued in favour of the petitioner for it to claim that only the vehicles owned by it can be parked at the subject site, the petitioner is also bound by the Rules pertaining to operation of the General Taxi Stands in terms of the recommendations made by the Committee constituted for framing policy regarding General Taxi Stands in Delhi, as directed by a Division Bench of this Court in the judgment dated 04.12.1996 in WP(C)No.3132/2001 (Annexure R-2 to the counter affidavit filed by respondent No.1). One of the recommendations of the aforesaid Committee is that the taxis would be required to "halt and go places" instead of being permanently parked there. This Rule has been formulated so as to rule out any unauthorized occupation by individuals on public land and to prevent individuals from claiming right of ownership by squatting there. Counsel for respondents No.1 to 3/Delhi Police states that the "halt and go places" parking bays for taxis is not to be owned by any individual or authority and all the authorities including PWD, MCD, NDMC, DDA and L&DO have been called upon not to confer any Tehbazari rights for the sites in question in favour of any individual and ensure that no pucca/semi pucca structure, water, electricity and telephone connection would be allowed at the said sites which are termed as "halt and go places" for taxis.