SHIV SHANKAR Vs. NDMC

JUDGEMENT

(1.) THE petitioner has assailed the order of learned ADJ dated 19. 9. 2008 dismissing the application for interim injunction made by the applicant/petitioner. The petitioner is in occupation of kiosks near Shivaji stadium, behind Madras Hotel on license basis. License of the petitioner was canceled; it also expired by efflux of time. Thereafter proceedings under public Premises (Eviction of Unauthorized Occupation) Act were initiated and an order of eviction of petitioner was passed. Against the order, the petitioner has preferred an appeal before the learned ADJ in terms of the provisions of the act. During pendency of that appeal, the application for interim injunction was dismissed.

(2.) COUNSEL for the petitioner submitted that under a Scheme for rehabilitation of the Kiosks holders, the kiosks holder was to be given an alternate kiosk. It is not denied that an offer letter dated 16. 9. 2008 has already been issued by the NDMC asking the petitioner to give his consent within 3 days for alternate allotment of kiosk. However, the learned counsel for the petitioner submits that since the entire market was situated at one place, all the persons having kiosks at that place, must be shifted to an area near or around the same place and it should not be that they are given kiosks at different place together. I consider that such a request can not be acceded to. Petitioner has no vested right of having allotment of kiosk at a particular place. It is not disputed that there are certain areas which have been made 'no Squatting Zone' in view of the internal security situation and in view of the crime scenario in the capital. The petitioner cannot put conditions on NDMC for giving alternate allotment at a particular place.

(3.) I find no force in this petition. The order of learned ADJ does not suffer from any irregularity. The petition is hereby dismissed.