RAM DEV SHUKLA Vs. DDA

JUDGEMENT

(1.) THE present petition is filed by the petitioner praying inter alia for restoration of the allotment of stall/unit No.81 located at Chhoti Sabzi Mandi, Tilak Marg, New Delhi, by setting aside the cancellation letter dated 10.10.2005.

(2.) IT is averred in the writ petition that the petitioner is a hawker, who used to hawk in Nehru Place since the year 1980. On 07.04.1998, the petitioner was given an alternative hawking site at Tilak Marg, in lieu of his hawking site at Nehru Place on the basis of a draw of lots. On 30.11.1998, the respondent/DDA demanded a sum of `1,71,405/- from the petitioner for handing over possession of the aforesaid site. IT is averred by the petitioner that in June 2004, an initial amount of `43,000/- was deposited by him. On 06.05.2004, the respondent/DDA called upon the petitioner to pay an additional sum of `7,754/- as the balance amount of 25% of the initial amount paid by him. The petitioner paid the said amount in May 2004. On 16.06.2004, possession of the stall in question was handed over to the petitioner. However, the petitioner admittedly failed to deposit the remaining installments with the respondent/DDA in terms of the allotment. As a result, vide impugned letter dated 10.10.2005, his allotment was cancelled and he was called upon to hand over vacant physical possession of the stall (Annexure-K). In the aforesaid letter, the respondent/DDA had also informed the petitioner that two post dated cheques handed over by him, which were due on 01.11.2004 and 01.05.2005 did not get encashed. Counsel for the petitioner concedes that the aforesaid cheques were indeed returned by his banker on account of insufficient funds maintained in the account of the petitioner.

(3.) THE present petition is disposed of in terms of the aforesaid order, alongwith the pending application, while leaving the parties to bear their own costs.