(1.) The father of the petitioner was allotted a Tehbazari space/site No. 34, Kishore Market between shop No. 33 Stall No. 53 measuring 10x15 ft. in Wadhwa Market in Delhi who established the business of sale and repair of cycles. It is stated that the site is a public road which vests with the respondent No.3, Municipal Corporation of Delhi. The petitioner's father was asked to vacate the site and he filed a suit for permanent injunction. This litigation was fought till Supreme Court. The grievance of the father of the petitioner, inter alia, was that the petitioner was sought to be dispossessed without even issuance of a show cause notice. The petitioner succeeded in the suit and the appeals but the Supreme Court in terms of its order dated 27th September 1991 held as under:
(2.) It is stated in the petition that the entire colony of Kingsway Camp was sought to be redeveloped and originally the scheme for redevelopment of the colony was transferred from the Municipal Corporation of Delhi to the Delhi Development Authority, respondent No.1 and was thereafter transferred in 1979 back to the DDA. Since a number of shopkeepers adjoining the shop of the petitioner's father were sought to be removed, they filed a CWP No. 776/1997 challenging the action of the DDA. It is stated that in those proceedings, it is admitted by the DDA that Wadhwa Market forming part of Kingsway Camp in which the shop of the petitioner's father is situate has not been transferred to DDA.
(3.) The father of the petitioner is stated to have died in 1989 and the Tehbazari rights were transferred in favour of the petitioner by the MCD on 11th May 2000.