GOMTI PRASAD Vs. MCD

JUDGEMENT

(1.) The present petition is filed by eight petitioners praying inter alia for directions to the respondents, MCD, DDA and Delhi Police to permit them to carry on their vending activities from the sites at Nehru Place Complex, till verification of their claims or till alternate allotments are made in their favour.

(2.) On 01.04.2011, when the matter came up for admission, counsel for respondent No.2/DDA, who had appeared on advance notice, had stated that Nehru Place is a No Hawking Zone and the petitioners cannot place reliance on the judgment of a Division Bench of this Court dated 17.04.2009 in LPA No.766/2008 entitled Manushi Sangathan, Delhi vs. Delhi Development Authority or that of the Single Judge dated 02.06.2010 in W.P.(C) 2545/2010 entitled Virender & Ors. vs. DDA. It was also noticed that the eligibility of the petitioners herein had not been determined as yet. Thereafter, counter affidavits were sought from the respondents. As per the first affidavit filed by respondent No.1/MCD, it was stated that none of the petitioners were recognized Tehbazari holders and they were not paying any Tehbazari fee. It was further averred that the receipts enclosed with the writ petition were merely festival receipts issued for 1-3 days during the festive season and the same cannot create any Tehbazari right in favour of any of the petitioners. As regards petitioner No.1, respondent No.1/MCD had stated that even as per the said petitioner, his case had already been rejected by the MCD. In respect of the remaining petitioners No.2 to 8, it was asserted that they had not taken any steps to approach respondent No.1/MCD for allotment of Tehbazari sites.

(3.) In view of the aforesaid averment made by respondent No.1/MCD in its affidavit which was refuted by the counsel for the petitioners who asserted that the remaining petitioners No.2 to 8 had submitted their applications before the Ward Vending Committee, MCD which were pending disposal, counsel for the petitioners was granted permission to file an additional affidavit furnishing the details of the dates on which such applications were submitted by petitioners No.2 to 8 before the Ward Vending Committee, MCD alongwith other relevant details.