GIAN CHAND GUPTA Vs. NEW DELHI MUNICIPAL COMMITTEE

JUDGEMENT

(1.) This is a writ petition filed by the petitioner aggrieved by the inaction of the respondent-New Delhi Municipal Committee (in short "NDMC"), who have failed to allot any alternative site to the petitioner. Petitioner belongs to the category of squatters belonging to pre-1957 period.

(2.) Mr. Rajiv Sharma, learned Counsel appearing for the petitioner, has relied upon a judgment of this Court in the case of Pashupati Nath & Ors. v. New Delhi Municipal Committee,. which was decided on 20.3.1985. He has contended that the NDMC itself has considered on the basis of Sub Committee recommendations and eligibility was modified for those squatters, who were squatting in the NDMC area. It has also been incorporated in the aforesaid judgment that -

(3.) Learned Counsel appearing for the petitioner says that this case is at par with the case of petitioner No. 3, whose petition was allowed pursuant to the said judgment. Mr. Rajiv Sharma has further contended that the petitioner was squatting in E-Block, Connaught Place, New Delhi since 1950. In support of his contention, he has relied upon the affidavit filed by the respondent-NDMC, which is at page-66 of the C.W.P.No. 1508/1985, which was filed as 'Annexure-D'Annexure D' is a list of squatters considered to be pre-1957 in the year 1979 but not allotted any site. The name of the present petitioner figures at serial No. 10. In view of the admitted position that the petitioner was a squatter, who was considered to be pre- 1957 squatter even in the year 1979 but had not been allotted any site till date, I do not see any justification on the part of the respondent not to allot the site to the petitioner as per the policy of the respondent applicable to such kind of cases.