KAMLESH KUMAR GUPTA Vs. NDMC

JUDGEMENT

(1.) Review Pet. 727/2011 (by the respondents/NDMC)

(2.) Aggrieved by the aforesaid order, the petitioner had preferred an appeal, registered as LPA 6/2017, which was disposed of by the Division Bench on 04.01.2017, remanding the matter back to this Court for hearing the review application afresh.

(3.) Learned counsel for the respondents/NDMC has made twofold submissions to seek review of the order dated 31.5.2011. He urges that the petitioner has tried to play a fraud with the judicial process and deliberately stated false facts so as to give an impression to the Court that he had been permitted by the NDMC to squat at the vending site, opposite Gate No. 3 and 4, Palika Bazar, New Delhi, when no such permission had ever been granted. He submits that in para 2(a) of the petition, the petitioner has averred that he has been carrying on his business of selling ready-made garments at a vending site near Regal Building, Connaught Place, New Delhi since the year 1997, but in the month of Nov., 2010, he was requested by the NDMC to shift to a site opposite Gate No. 3 and 4, Palika Bazar, New Delhi, due to an ongoing project work. Learned counsel submits that apart from one removal challan dated 04.03.2011 in the petitioner's possession that mentions the site as Palika Bazar, nothing at all has been placed on record by the petitioner to show that any such permission had been granted to him by the NDMC to shift from the site at Regal Building, Connaught Place, New Delhi, to a site opposite Gate No. 3 and 4, Palika Bazar, New Delhi.