HARSH GUPTA Vs. NEW DELHI MUNICIPAL COMMITTEE

JUDGEMENT

(1.) This is a writ petition whereby the petitioners call in question the action of the first respondent, New Delhi Municipal Committee (now New Delhi Municipal Council) in constructing shops on the road berm/pavement of Sardar Hashmi Road.

(2.) The petitioners are the residents of Todarmal Road. who had taken plots from the 4th respondent on 99 years lease and had constructed residential housesthereon. The petitioners claim that illegal construction of shops is being carried out by the first respondent in the vicinity of their houses in violation of the Delhi Urban Art Commission Act, 1973 and the Delhi Development Authority Act, 1957 (for short the DDA Act)., it is also asserted that the land over which the construction is being raised does not belong to the first respondent. It is further averred that the land belongs to the Govt. of India and without the permission of the 4th respondent, Land & Development Officer, three shops have already been constructed and eight more arc in the process of construction on the pavement of Safdar Hashmi Marg near Mandi House. It is stated that the first respondent has not obtained the permission of the 5th respondent, Delhi Urban Art Commission for raising the construction.

(3.) It is also pointed out that there are two markets in the proximity of the petitioners' colony, one being Bengali Market at a dislance of 150 meters and the other being Refugee Market about 250 meters from their houses. The colony is very small and two markets have been satisfactorily serving the needs of the residents. There was no demand from the residents for additional marketing facilities. On the pavement of Safdar Hashnii Marg, two mother dairy booths for selling milk, butler and vegetables arc already functioning. Subsequently three more cubicles each measuring 6 feet in width and 10 feel in depth were constructed and were auctioned by the first respondent. These kiosks/shops were allotted to the highest bidders. The said three shops, according to the petitioners, came up over night about one and a half months before filing of the present petition.