ANANDA KUMAR THAKUR Vs. PWD AND ORS

JUDGEMENT

(1.) The petition seeks a mandamus to the Public Works Department (PWD) of the Government of National Capital Territory of Delhi (GNCTD) to allot "an alternate shop to the petitioner at the subway of South Extension, New Delhi or any other appropriate place".

(2.) Notice of the petition was issued and counter affidavit has been filed by the respondent no.1 and to which a rejoinder has been filed by the petitioner. The counsels have been heard.

(3.) It is the case of the petitioner, (i) that he is in possession of a shop bearing no.4 located at subway, across Mall Road Extension, opposite InGate of Azadpur Mandi, Delhi; (ii) the said shop was allotted to him in lieu of his earlier shop no.5, GTB Nagar subway, across Ring Road, Mall Road, Delhi which was demolished due to the development project of the respondent no.5 Delhi Metro Rail Corporation (DMRC); (iii) that the petitioner had earlier filed W.P.(C) No.5319/2006 in this Court with respect to demolition of his shop near GTB Nagar and during the pendency of which writ petition, the petitioner was allotted the present shop near Azadpur Mandi; (iv) that the petitioner has been carrying on his business in the name and style of M/s Ananada Moyee Bastralaya from the said shop; (v) that the said shop is ill-maintained and is the only lone shop out of 11 office and 4 shops in the subway and all of which is making the petitioner's business of selling readymade garments unviable; and, (vi) that though the petitioner thus applied to the respondent no.1 for relocating his shop but the respondent no.1 had failed to do so.