SHIV WOOD WORKS Vs. CHIEF ADMINISTRATOR FARIDABAD ADMINISTRATION

JUDGEMENT

(1.) THIS shall dispose of Civil Writ Petitions No. 10104 to 10109 of 1988 and 10145 to 10148 of 1988.

(2.) IN these writ petitions, petitioners have called in question the action of the respondents in demolishing the Stalls and dispossessing them. It is the case of the petitioners that they had been carrying on the business of selling timber on the sites in dispute at Faridabad for the past several years. They have averred that they are doing the business and are earning their livelihood, and are having Sales Tax Numbers/electricity/small scale industry Licences. They have alleged that respondents without serving any notice on them have demolished part of their stalls on 26. 9. 1988. They have further alleged that the act of the respondents is without jurisdiction and authority of law. Petitioners have averred that by evicting them from their place of business without giving them alternative place first to carry on business and without formulating any scheme for carrying on business would be depriving them of their livelihood, which is violative of Article 21 of the Constitution of India and contrary to Directive Principles of State Policy.

(3.) IN response to notice of the petitions, written statement has been filed by the respondent through Sh. Sanjiv Kaushal, IAS, Chief Administrator, Faridabad Complex Administration, Faridabad. It has been averred there in that petitioners have encroached upon a part of the public street near Government Girls High School No. 2 for running their business of sale of timber, and the said encroachment was removed by the Faridabad Complex Administration on 26. 8. 1988. It has been stated that the action of the respondent is not violative of any legal or constitutional right of the petitioners.