GOPAL KRISHAN DHIR Vs. NEW DELHI MUNICIPAL COUNCI

JUDGEMENT

(1.) PETITIONERS were licensees of their respective shops at the Gole Market, New Delhi for more than four decades. Proceedings under sections 5/7 of the Public Premises Eviction of Unauthorised Occupants Act (for short, ,,PP Act) were initiated before the Estate Officer. An eviction order was passed, which was upheld in the appeal under Section 9 by the District Additional Judge. Writ petitions filed, also stand dismissed.

(2.) THE petitioners thereafter filed an LPA which was also dismissed, however, the order of the Single Judge was modified. In the present writ petition, the petitioners have prayed as under:

(3.) IT is the case of the petitioners that the sole purpose for seeking eviction of the petitioners was to convert the Gole Market, which is heritage building, into a museum. It is submitted that under the garb of a heritage building the user of the building cannot be changed, which would mean that a commercial building cannot be converted into a museum, as the building bye-laws do not permit conversion of commercial property into museum. It is also submitted that even the NDMC is yet to take a firm stand in the matter as to whether the building is to be converted into a museum or whether after renovation it is to be used for commercial purposes. Hence, it is submitted that no purpose would be achieved by displacing the petitioners and then allotting the same space to the petitioners, as directed by the Division Bench.