TILAK RAJ CHADHA Vs. CHIEF COMMISSIONER DELHI

JUDGEMENT

(1.) Dr. Tilak Raj Appellant was allotted shop No. 104 in the South Block of Rajinder Nagar Market, New Delhi, in the month of November, 1949, while in the adjoining shop No. 103 the Government opened a homoeopathic health centre and put Dr. Chander Parkash in charge of the same. This scheme, however, failed and in 1955 the health centre was closed as a result of which shop No. 103 fell vacant. Hunda Singh respondent, who originally was an allottee of shop No. 3 in the North Block, applied for the allotment of shop No. 103 and after some difficulty managed to get the same, and shifted in this shop in 1956. He made an application to the Municipal Committee in January, 1956, under Section 121 of the Punjab Municipal Act, 1911, as extended to Delhi, for obtaining a licence to instal an oil-expeller (kohlu) in that shop. Objections were raised by the Market association, which protested to the Municipal Committee by a telegram, and by other residents of the adjoining block, who submitted a written protest. In spite of that however, Hunda Singh secured the licence on 17-2-1956 for setting up a kohlu in that shop.

(2.) The appellant filed an appeal to the Appellate Authority, which happened to be the Additional District Magistrate Shafiq Hussain, under Section 225 of the Punjab Municipal Act against the grant of the licence. The appeal was accepted by the Additional District Magistrate on 21-6-1956 who Cancelled the licence granted to Hunda Singh on the ground that the Municipal Committee had made incorrect use of its power in permitting Hunda Singh to instal a kohlu in the shop, in close proximity to a health centre, probably meaning thereby the shop of the appellant.

(3.) On 17-8-1956, the Municipal Committee again renewed the licence of Hunda Singh to run a kohlu in shop No. 103 under the provisions of Section 121 of the Punjab Municipal Act. It however, appears that although Hunda Singh installed a Kohlu there, he did not run it till 25-11-1956 when it came to the notice of the appellant. The appellant, therefore, again filed an appeal to the Appellate Authority under Section 225 of the Punjab Municipal Act which was heard by Shri D. D, Sharma, the then Additional District Magistrate, lie accepted the same on 11th April, 1957, and passed some strictures against the Municipal Committee as well.