VINOD KUMAR Vs. PARIMAL RAI AND ORS.

JUDGEMENT

(1.) THE present petition has been filed by the petitioner under Sections 11 and 12 of the Contempt of Courts Act, 1971. The necessary facts to be noticed for disposal of this petition and as stated are as under. On 3rd February, 2003, petitioner applied to the MTNL for allotment of a PCO at the back side of House No. D -11/155 West Kidwai Nagar, New Delhi. The MTNL issued a demand letter of the same date and called upon the petitioner to deposit the security amount for the PCO which was installed.

(2.) ANOTHER application was made in the year 2004 to the MTNL for another PCO at the same site with the installation address as Jhuggi on the back side of House No. D -11/155 GDR West Kidwai Nagar, New Delhi. Petitioner again made an application in the year 2004 for grant of a No Objection Certificate to run his PCO near Water Booster Station, West Kidwai Nagar, New Delhi consequent to which the site was surveyed by the officials of the NDMC on 29th and 30th June, 2004 and 1st July, 2004. After the said inspections of the site and despite repeated reminders and requests, the petitioner did not receive any response from the NDMC, which led to the filing of a writ petition being WP(C) No. 18493/2004 which was disposed of by an order dated 14th November, 2005. The NDMC was directed to consider the application of the petitioner as per its policy and seniority of the petitioner. Petitioner made another application on 30th November, 2005 to the NDMC for allotment of land for the purpose of running PCO booth. No response was received which led to the filing of another writ petition being WP(C) No. 8784/2006. This writ petition was disposed of on 19th May, 2006 when the following order was passed: -

(3.) PURSUANT to the directions issued in WP(C) No. 8784/2006, the petitioner received a reply on 28th June, 2006 from the Chairman, NDMC informing the petitioner that since the site did not belong to them, the petitioner may approach the Directorate of Estates for allotment of land in question. It is submitted by counsel for the petitioner that when the petitioner approached the Directorate of Estates, he was informed that the land belongs to NDMC. Petitioner thereafter filed another writ petition being WP(C) No. 16280/2006. Similar directions were issued to the Chairman, NDMC to examine the case of the petitioner afresh.