DELHI STATE WEEKLY PATRI BAZAR ASSOCIATION Vs. MCD

JUDGEMENT

(1.) This appeal has been preferred by Delhi State Weekly Patri Bazar Association the order passed by the learned Single Judge which is at Page 82 of the paper book. The order of the learned Single Judge is to the following effect:

(2.) Mr.Wadhwa, learned counsel appearing for the appellant has contended that it was not brought to the notice of the learned Single Judge that in Saudan Singh Vs. NDMC and Ors., 46 (1992) DLT 671 (SC), 67 weekly bazars which were being held at Delhi got protection and the direction was issued that a person availing the said benefit will be continued to hold casual or weekly tehbazari.

(3.) Therefore, in view of the directions of Saudan Singh, weekly bazars could not have been shifted without giving notice to the appellant. There is a fallacy in the argument of the learned counsel for the appellant. The protection is for the weekly bazars which at that time were numbering 67 and which were allowed to continue. There was no specific list before the Supreme Court of the persons which were using these weekly bazars organized once in a week. What the MCD has done in view of the objection from the Traffic Police and in view of the congestion in the area that this weekly bazar which was being held in the area of Indira Nagar had 30 feet wide road. It was shifted to 80 feet wide road. If the site where bazar is held becomes congested or traffic hazardous or poses problem to the general public and residents of the area as well as the commuters, such a bazar cannot be permitted to stay at that place. It may cause fire hazards, it may cause other accidents, it may also not in consonance with the safety of the persons who are on the road side. Therefore, the decision to shift the bazar by the MCD cannot be faulted with. However, the learned counsel for the appellant has shown certain photographs of the proposed site where the bazar is to be shifted by the MCD. From the photographs, it seems that there is a lot of garbage and malba lying at the site and the site also require repairs. MCD is directed to shift the bazar after repairing and cleaning the same.