MOHD. SHAHZAD Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, praying that directions be issued to the respondent (hereafter the NDMC) to transfer the tehbazari rights of late Smt. Akhtari Begum in respect of a site opposite Shop No.58, Sarojini Nagar Market, New Delhi (hereafter referred to as the said Site), in favour of the petitioner.

(2.) The petitioner claims that he has been vending articles/goods at the said Site. He states that his maternal grandmother (Nani), late Smt. Akhtari Begum was allotted the said Site and therefore, he, as the legal heir, is entitled for the benefit of the said allotment. He contends that the other legal heirs of late Smt. Akhtari Begum have given their no-objection certificates for transfer of the said Site in his favour. The petitioner relies on the decision of the Supreme Court in Sudhir Madan and Ors. v. MCD and Ors. (2007) 15 SCC 497, and on the strength of the decision, claims that he is entitled to allotment of the said Site in his favour, being the legal representative of the deceased Smt. Akhtari Begum.

(3.) A number of writ petitions under Article 32 of the Constitution of India were filed before the Supreme Court of India by persons claiming right to trade on pavements in areas within the jurisdiction of the Municipal Corporation of Delhi (hereafter the MCD) and the New Delhi Municipal Council (hereafter the NDMC) in different parts of the city. These petitions along with certain appeals preferred from the decision of this Court were referred to the Constitution Bench of the Supreme Court. The petitioners/appellants in the said batch of petitions/appeals claimed that the municipal authorities were violating their fundamental rights under Articles 14, 19(1)(g) and 21 of the Constitution of India by not permitting them to trade on street and footpaths in different localities in the city of Delhi.