SMT.OM WATI Vs. MCD

JUDGEMENT

(1.) THE present petition is filed by the petitioner praying inter alia for directions to the respondents to allow her to carry on squatting at the originally allotted tehbazari site measuring 6'x4' (open to sky), situated opposite Shop No.E-39, near the Temple at Hauz Khas Market, New Delhi. It is the contention of the counsel for the petitioner that the petitioner's Tehbazari site is not outside the park from where the officers of the MCD have removed her and all the Tehbazari holders on the ground that an underground parking has been built in the park. Instead, he claims that the site of the petitioner is situated opposite shop No.E-39, near the Temple at Hauz Khas Market, New Delhi and the petitioner ought not to have been disturbed as her site did not create any hindrance for the underground car parking across the road.

(2.) THE matter had come up for admission on 02.03.2012, on which date, counsel for respondent No.1/MCD, who appeared on advance copy, had sought time to produce the original records so as to verify the exact location of the site as allocated to the deceased husband of the petitioner in terms of the letter dated 27.05.2002 issued to him. Pertinently, the petitioner herein has stated that her husband had expired in the year 2005, whereafter she had filed an application for mutation with respondent No.1/MCD on 23.02.2010, which is stated to be pending consideration. In para 4 of the writ petition, the petitioner has averred that she has been carrying on trade peacefully at the allotted tehbazari site situated "opposite shop No.E-39, near Temple, Hauz Khas, New Delhi".

(3.) COUNSEL for the petitioner however disputes the fact that the location of the site as indicated in the allotment letter dated 27.05.2002 issued by the MCD is near the temple. He states that the site is on the other side of the road and therefore the petitioner should not be disturbed. The aforesaid submission is not borne out from a perusal of the allotment letter issued by the MCD in favour of the deceased husband of the petitioner as also the Identity Card issued to him. The petitioner has not produced any other document in support of her claim and there is no ground to disbelieve the documents produced by the respondent/MCD.