REVTI DEVI Vs. NDMC

JUDGEMENT

(1.) This Writ petition has been filed by Ms. Revti Devi praying that the impugned order issued by the Section Officer, (Enforcement), NDMC, on 8 th January, 2013 be quashed. By that order, the NDMC withdrew and cancelled a previous order dated 16th June, 2011 permitting the petitioner to change the trade which she was plying at a Tehbazari site, from that of pressing clothes, to that of, "Pan Biri Cigarette". The sole ground for the impugned order was that, upon reconsideration, the NDMC has concluded that the relevant Resolution No.28, dated 10th November, 1989, of the NDMC permits only a change of, "trade", whereas the petitioner's activity, as originally permitted, amounts to a, "vocation", and not a trade; and, therefore, the change sought could not have been permitted.

(2.) The petitioner, who sought a change of trade under the aforesaid Resolution, is a widow. Her late husband, namely, Sh. Kanchi Lal, was originally allotted Tehbazari site behind Shop No.1, P.R. Market, New Delhi, in terms of a communication bearing Reference No.185/__/Enforcement. Thereafter another letter was issued to her late husband on 9th May, 1974 once again informing him that he had been allotted the aforesaid temporary site on the condition, inter alia, that, " he will be permitted only the trade of iorning (Presswala)". Before a Judicial Committee constituted by the Supreme Court of India, she had produced evidence of her presence at the site from 6th March, 1974 and the site was also inspected by that Committee on 21st January, 1993 when it was found that the petitioner was engaged in the business of pressing clothes. Consequently, the Committee recommended that her claim for stall or kiosk in which she can ply her trade should be allotted to her.

(3.) Obviously, with advancing age and physical infirmity, the petitioner has found it difficult to carry on her current occupation and, therefore, applied for a change of trade. Initially, this was permitted by an order passed by the NDMC on 16th June, 2011 and she was allowed to now carry on the trade of "Pan Biri Cigarette" at the allotted site instead of the original trade of, "ironing (Presswala)", which was originally permitted to her husband by the aforesaid communication of 9th May, 1974. This was thereafter cancelled on 8th January, 2013 by the respondent for the reason that the aforesaid Resolution No.28, dated 10th November, 1989 permits only a change of trade and not vocation; and since, according to the respondent, the activity originally permitted happens to be a, "vocation" and not a, "trade", the benefit of the said resolution cannot be extended to the petitioner. According to the respondent, " . the iron press on a press thara is vocation and not a trade .".