THAKUR TANKERS Vs. D.D.A.

JUDGEMENT

(1.) Rule. With the consent of the parties, the matter is taken up for final hearing.

(2.) The facts in the aforementioned writ petition succinctly stated are that the Petitioner was carrying on business under the name and style of M/s. Thakur Tankers from a premises bearing No.2-B/1-E, Chara Mandi, Zakhira Chowk, Delhi, built on a plot of land measuring 200 sq. yds. The said premises of the Petitioner were burnt down in the riots of 1984 and before the same could be reconstructed by him, the whole area was taken over by the MCD and DDA for construction of a flyover in 1986. A survey was conducted by the MCD and DDA on the persons doing business therefrom for allotment of alternative sites to them under the policy formulated by the DDA, viz., Alternative Allotment Scheme to provide alternative allotment to all those evictees whose business premises were demolished for construction of a flyover so that they could carry on their business at the alternative site allotted to them. It is the Petitioner's case that unfortunately the Petitioner was not present at the site at the time of carrying out the survey by the authorities as his premises had earlier been burnt down and business stopped on account of 1984 riots forcing him to shift to his native place in Himachal Pradesh for survival. On coming to know of the scheme formulated by the DDA for allotment of alternative sites, he made a number of representations along with all relevant documentary proof regarding the existence and running of business from the site in Zakhira Chowk to the DDA and for inclusion of his name in the list of evictees for allotment of an alternative site. As a result of the various and continuous representations made by the Petitioner, sometime in the month of August, 2001, the DDA ordered a fresh survey to be conducted, in the course of which a report was given to the effect that the existence and running of the business of the Petitioner from the site in question prior to the eviction of the traders from the Zakhira Chowk area stood established. Accordingly, in the month of January, 2002, the case of the Petitioner for allotment of alternative site was put up before the authorities and approved by the Vice Chairman, DDA. Two similar cases where the names could not be included in the survey list of 1984 for one reason or the other, were also put up before the authorities and approved by the Vice Chairman, DDA, the particulars whereof are as under:- Name Premises Alternative Plot Allotted Subey Singh Shop No.58, Chara Mandi, Zakhira E-10, Mangolpuri, Phase II Smt. Jaspal Kaur New Delhi Madhya Pradesh Road Lines BA-68, Mangolpuri, Phase II

(3.) After the approval of the case of the Petitioner by the Vice Chairman, DDA, it was put up before the Lieutenant Governor, Delhi for orders regarding allotment. However, the Lieutenant Governor vide his order dated 08.04.2002 declined to give allotment to the Petitioner. The order of the Lieutenant Governor reads as under:-