SARVJIT SINGH Vs. NDMC

JUDGEMENT

(1.) THIS writ petition has been filed assailing a notice dated 23rd February, 2005 issued by the New Delhi Municipal Council respondent no. 1 herein directing the petitioner to remove his taxi stand from the site near the Safdarjung Hospital and handing over vacant possession of the piece of land to the respondent no. 1 herein. The petitioner has also prayed for directions to the respondents to allot an alternative suitable site for his taxi stand to the petitioner in case he is required to vacate the site.

(2.) THERE is no dispute to the material facts giving rise to this petition. According to the writ petitioner, Shri Joga Singh fought with freedom fighters including late Shri Baba Kharak Singh and late Shri Mota Singh for the freedom of the country. Shri Sarvjit Singh is the son of Shri Joga Singh who was discharged from the military (MT Branch) in January, 1941.

(3.) THE New Delhi Municipal Corporation as respondent no. 1 was known then informed the general secretary, taxi union vide a communication dated 15th January, 1955 about the approval of a taxi stand at the Safdarjung Hospital and its allotment in the name of Shri Joga Singh. The respondent no. 1 also granted permission to Shri Joga Singh for putting up a wooden taxi booth of the standard size 4 ft x 4 ft for running a taxi stand at the Safdarjung Hospital with effect from 16th January, 1956. By a subsequent communication dated 24th February , 1967, the respondent no. 1 regularised the taxi stand which was being run by Shri Joga Singh in the name and style of Kartar Taxi Service and he was permitted to occupy a booth subject to his paying the booth charges in the first week of every month.