ASHARFI DEVI Vs. M C D

JUDGEMENT

(1.) This appeal is directed against the order dated 26th May, 2006 passed by the learned Single Judge dismissing the writ petition of the appellant. The writ petition was filed by several persons including Ms. Asharfi Devi, the appellant herein, who is wife of late Moti Ram contending, inter alia, that her husband was allotted tehbazari rights at Shastri Market, Narela, Delhi but the respondent could not hand over physical possession of the site as the allotted site was encroached upon. The reliefs sought for by the writ petitioners, including the appellant herein, was to the effect that the decision taken by the respondent to resume back the tehbazari rights should be set aside and with a further direction that all encroachers should be removed from the aforesaid site, which was allotted to her husband.

(2.) The respondent filed a counter affidavit contending, inter alia, that during 1975-76 several persons, including Moti Ram, doing business in the Old Food Grain Market, Narela were removed and such displaced persons were allotted sites and tehbazari rights at Shastri Market, Narela developed by MCD. A chart was incorporated in the counter affidavit giving names of the persons who were entitled to allotment as per their records was given. The name of the husband of the appellant appears in the said statement at Serial No. 6, as follows:- S.No. Date Name and Address Site No. Place 1. - Govind Ram S/o Santokh Mall, Refugee Colony, 175, Narela, Delhi. - - 2. - M/s Bal Kishan Suriender Kumar, H. No. 2381, Bawana Road, Narela, Delhi. - - 3. - Jai Gopal Singhal S/o Sri Har Narayan 2053, Narela Mandi, Delhi. - - 4. - Ram Lal S/o Sri Mauji Ram, H. No. 1025, Pana Paposian, Narela, Delhi. - - 5. - Lakhsman Das S/o Hukumi Ram, H. No. 140, Narela Colony, Delhi. - - 6. 20-04-77 Moti Ram S/o Sri Natthu Mal, H. No. 398, Pana Udhyaan, Narela. Delhi. 145 Shastri Market Narela 7. - Arjun Das S/o Hautu Ram H. No.G-3, Narela Colony, Delhi. - - 8. - Radha Kishan S/o Pheru mal, 188, Refugee Colony, Narela, Delhi. - - 9. - Chaman Lal S/o Sri Hakim Chand, H. No.1025, Pana Paposian, Narela, Delhi. - -

(3.) It is clear from the above chart that Moti Ram was given tehbazari rights in site No. 145, Shastri Market, Narela.