DAYA WANTI Vs. M C D

JUDGEMENT

(1.) A batch of four writ petitions have been filed to challenge Resolution No.240 of the respondent/MCD dated 14.10.2009 for rehabilitation of affected persons on account of execution of the project of widening of Kishan Ganj Road Under Bridge. For the sake of convenience, the facts of W.P.(C) No.5268/2010 are being taken note of in the present judgment.

(2.) THE facts of the case that lie in a narrow compass are that the petitioner is the owner of shop No.77, Azad Market, Delhi. THE said shop had been leased out to him for a period of 99 years by the Land and Development Officer, Government of India vide lease deed dated 02.07.1962. In the year 2007, the aforesaid shop was transferred by the L&DO to the respondent/MCD. On 23.11.1992, the Ministry of Surface Transport, Government of India approved the project for widening of Kishan Ganj Road Under Bridge (RUB). On 13.06.1994, respondent No.1/MCD had sanctioned an expenditure in the sum of `2436.35 lacs for transferring 121 shopkeepers from L&DO to MCD who were to be allotted a uniform size of plots. On 14.05.2009, respondent No.1/MCD held a meeting to decide the manner in which the 121 shopkeepers affected by the widening of RUB at Kishan Ganj were to be rehabilitated.

(3.) IN the letter dated 20.08.2009 addressed by the Commissioner, MCD to the Municipal Secretary, MCD, one of the issues examined was as to whether the tenants in the area, who were operating their business from the premises of the lessees for the past 20-40 years, would be entitled for any compensation. After taking into consideration the views expressed by different Departments within the Corporation and examining the legal opinion obtained by the MCD, it was proposed as below:-