JAGDAMBA PARSHAD TIWARI Vs. VISHWANATH

JUDGEMENT

(1.) This LPA has been preferred against the order of the learned Single Judge dated 30.1.2006, wherein the learned Single Judge has refused to give directions to transfer tehbazari in the name of the appellant. As per the NDMC rules tehbazari can be transferred only in the name of LRs of the deceased person who was holding tehbazari. Appellant is not L.R. of the deceased and is a third person who paid money to the deceased for squatting in his place.

(2.) Tehbazari is a purely personal right and it is a licence given to a person for doing business on patri/ pavement. It is observed by the learned Single Judge that tehbazari licences were being sold and traded. In our opinion this was wholly illegal. The learned Single Judge has noted the instance of a sum of Rs.1.5 lakhs having been paid for a tehbazari licence. The persons who were even employed, or doing business had obtained Tehbazari licence by payment of hefty amounts. Tehbazari was permitted so that a poor person may earn livelihood. The learned Single Judge has observed that those persons who can pay Rs.1.5 lakhs for getting a Tehbazari license from the existing persons, cannot be considered as poor persons in need of livelihood. He held that since tehbazari is purely a licence and purely a personal right, it is non- transferable. We agree with the view of the learned Single Judge.

(3.) The other argument of learned counsel for the appellant is that MCD has framed a policy which allows transfer of tehbazari in the name of a third person and therefore, NDMC should also be directed to effect the transfer in the name of third parties.