MANOJ KUMAR Vs. GOVT OF NCT DELHI

JUDGEMENT

(1.) The present appeals have been filed by the appellants assailing a common judgment dated 03.04.2019 passed by the learned Single Judge, dismissing their writ petitions for quashing the order dated 07.05.2014 issued by a Committee constituted by the High Court vide order dated 21.08.2013, passed in W.P. (C) No.79/2012, whereunder their case for allotment of alternative shops on acquisition of land at Purani Lakdi Market, opposite Shyam Lal College, GT Road, Shahdara, stood rejected.

(2.) As the facts noticed in the impugned judgment relate to the appellants in LPA 458/2019 and the other appellants are similarly situated, we shall refer to the said facts here. The undisputed facts of the case are that the appellants were tenants under Smt. Angoori Devi, wife of late Shri Chandgi Ram in respect of shops No.10, 11 and 13 situated in Purani Lakdi Market, opposite Shyam Lal College, G.T. Road, Shahdara, from where they were conducting the business of selling bamboos, ballis, wooden logs etc. In the process of undertaking construction of the Mass Rapid Transport System (in short "MRTS?) Project (Shahdara Phase), in the year 1999, respondent No.4/Delhi Metro Rail Corporation (in short "DMRC?) took over 29 shops including shops No.10 and 11 under the tenancy of the appellants at Purani Lakdi Market. Two separate certificates dated 15.09.1999 and 15.07.1999 were issued by the respondent No.4/DMRC, certifying that the appellants were in possession of shops No.10 and 11 and that the said shops had been handed over for the MRTS Project.

(3.) On 31.01.2002, respondent No.1/GNCTD issued a Circular containing the guidelines on relocation and rehabilitation of persons affected by the implementation of Phase-I of the Delhi MRTS Project and carved out categories of project affected persons and the manner in which they would be relocated/rehabilitated. In the year 2002 itself, the respondent No.4/DMRC decided to take over the remaining 47 shops at Lakdi Market including shop No.13 in the occupation of the appellants. Aggrieved by the said decision, all the 47 shopkeepers at Lakdi Market jointly approached the High Court for relief by filing CW No.4734/2002 entitled Ansar Ahmed and Ors. vs. UOI and Ors., claiming inter alia that the DMRC had not explained the requirement for taking over their shops for the Delhi MRTS Project. Vide order dated 11.12.2002, the said petition was dismissed on the ground that it was not for the Court to evaluate or determine whether the requirements of the DMRC for the said project, were valid or not. Noting that the Project was of public interest and national importance, the Court declined to interfere but clarified that the claim of the petitioners for alternative allotment ought to be agitated and established before the competent authorities in terms of the scheme/policy.