LAWS(DLH)-2014-4-3

CHANDER KANTA Vs. GOVT. OF NCT OF DELHI

Decided On April 01, 2014
CHANDER KANTA Appellant
V/S
GOVT. OF NCT OF DELHI Respondents

JUDGEMENT

(1.) PETITIONER who is a widow of the original allottee challenges respondent's direction to execute licence deed dated 24th December, 2012 on the ground that her physically handicapped husband was a permanent licence holder.

(2.) LEARNED counsel for petitioner submits that as petitioner has been in occupation of the PCO booth for more than three decades, respondents without having a rehabilitation policy for such kiosk owners cannot today ask the petitioner who is a widow and now in her late forties, to vacate the kiosk.

(3.) IT is pertinent to mention that petitioner has not filed any permanent licence deed in favour of her late husband. In fact, respondent-Hospital in its counter-affidavit has stated that neither the petitioner nor her deceased husband prior to filing of the writ petition had ever communicated the factum of original licence deed being lost. The case of respondents is that petitioner is running a tea stall instead of original allocation of PCO booth.