BRAHAMPAL Vs. UOI

JUDGEMENT

(1.) This writ petition has been filed against the Union of India to the Defence Secretary and Joint Secretary of the Ministry of Defence who have been arrayed as respondents no. 1 and 2 and against Col. S.K. Jha, the Chief Security Officer of the H-Block of the Ministry. The petitioner has sought the following prayers in the petition:-

(2.) The prayer of this petitioner is based on the plea that he was granted a licence to run a fruit cum cigarettes stall in the South Block, New Delhi by the Assistant Chief Administrative Officer of the Ministry of Defence on the 12th April, 1977 and had been running the stall for such purposes continuously without any objection up till April, 1993. According to the petitioner he had paid all charges payable to he respondents for the same and had been abiding by the terms of the agreement. The petitioner contends that in the year 1978, his stall was shifted to the Central Transit House building(CTH for brevity) at the South Block, New Delhi. In April, 1993 this CTH building was declared as old and dangerous and was so demolished by the CPWD. The petitioner submits that he was given another stall in the Q-Block(near the car parking area) at the Rajaji Marg, DHW PO, New Delhi under the Ministry of Defence wherefrom he was running his business. As per the petitioner, the entry to his stall was through the Engineers Army Headquarters at the Kashmir House, Rajaji Marg, New Delhi. For this purpose, the petitioner had to take the gate pass from the security department of this building but since 5th February, 2003, the petitioner was refused to enter into this building by the Security staff of the respondents and as such was denied access to his stall. The petitioner has contended that prior to eviction, the occupant of the stall had to be served with a legal notice of eviction which had to be followed by proceedings, under the provisions of the Public Premises(Eviction of Unauthorised Occupants) Act, 1972. Additionally, the petitioner has cited eight instances of stalls which according to him are still in operation in the very premises or in its vicinity. The petitioner has also pointed out that in cases of similar occupants of premises which were demolished as the Central Vista Mess, the respondents had abided by their statement given in the Rajya Sabha on the 8th July, 1986 that alternative stalls would be given to stall owners in place of their demolished stalls. Based on these facts, the petitioner has contended that he is entitled to continue to run his business from a stall or in the alternative, is entitled to an alternative allotment. It is further contended that the petitioner's belongings which were lying in his stall are still in the custody of the respondents.

(3.) Notice to show cause was issued in this writ petition. The respondents entered a response stating that the licence given to the petitioner for selling fruits for consumption of the employees in the Kashmir House expired on the 14th September, 2000. However on account of certain bomb blasts incidents which had occurred within the locus of the Defence Headquarters Zone, the decision had been taken not to renew the licence earlier granted to the petitioner. It is also submitted that keeping in view the security perception and the prevalent threat, the entry to this high security zone is controlled by the Chief Security Officer. The petitioner had no right whatsoever to enter this zone and as such was intercepted by the defence security force while entering the premises without authority on the 5th February, 2003. It is submitted that the petitioner had no legal right whatsoever for continuation of the licence and had no right whatsoever to a gate pass to enter the premises once the licence had expired. The respondents have explained the instances cited by the petitioner of stalls/shops being permitted to be run in the defence area. It has been submitted that the same include the CSD(i) Canteen which is run by the Army Headquarters and is part of the defence establishment; a Syndicate Bank which is carrying out banking activities for the benefit of the officers and staff of the officers located in the Defence Headquarters, Vishal Tailors which is providing tailoring services to the service personnel only and the Kendriya Bhandar to which accommodation is given as per Government policy. It has further pointed out that a writ petition by one Budhi Chand in respect of Gupta Food Stall, who was similarly placed as the petitioner, being civil writ no. 1855/2002 was dismissed by this court vide a judgment dated 10th April, 2002 and that for this reason as well the petitioner had no right whatsoever to maintain the present writ petition or urge entitlement to the relief sought herein. The respondents contend that the petitioner had no right to enter after his licence came to an end on 14th September, 2000. He was trying to enter without the gate pass on 5th February, 2003 when he was intercepted.