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$-16 to 21 HIGH COURT OF DELHI HIGH COURT OF DELHI
W.P.tCI 4357/2012& CM 9023/2012.1344/2013 PRAJKASH JUNEJA Petitioner
W.P.tCI 4357/2012& CM 9023/2012.1344/2013 PRAJKASH JUNEJA Petitioner
VERSUS
NORTH DELHI MUNICIPAL CORPORATION Respondent W.P.rCI 4360/2012& CM 9027/2012.1343/2013
ZAHARUDDIN AND ANR Petitioners ;
ZAHARUDDIN AND ANR Petitioners ;
VERSUS
NORLTH DELHI MUNICIPAL CORPORATION Respondent
^ ' + W.P.(C)4361/2012&CM9028/2012.1342/2013 I MASOOD ANWAR AND ANR Petitioners
'
^ ' + W.P.(C)4361/2012&CM9028/2012.1342/2013 I MASOOD ANWAR AND ANR Petitioners
'
VERSUS
NORTH DELHIMUNICIPAL CORPORATION Respondent w.p.rci Azeimn &cm 9029/2012.1345/2013
I RAMA VIJHANI Petitioner 1
I RAMA VIJHANI Petitioner 1
VERSUS
W.P.rCI 4364/2012& CM 9031/2012.1346/2013
JAGDISHCHAND Petitioner
JAGDISHCHAND Petitioner
VERSUS
W.P.tCl 4363/2012& CM 9030/2012.1341/2013 VINOD KRMAR AND ANR Petitioners
VERSUS
V : NORTH DELHIMUNICIPAL CORPORATION Respondent
Pr: Mr Brijesh Kr Gupta,Advocate for petitioner in item Nos. 16 to 21.
Ms Biji Rajesh,Advocate forms Gaurang Kanth,Advocatesfor respondentin item Nos. 16,17&20.
Mr Ajay Arora,Advocate for respondentin item Nos.18,19&21.
Pr: Mr Brijesh Kr Gupta,Advocate for petitioner in item Nos. 16 to 21.
Ms Biji Rajesh,Advocate forms Gaurang Kanth,Advocatesfor respondentin item Nos. 16,17&20.
Mr Ajay Arora,Advocate for respondentin item Nos.18,19&21.
CORAM:
HON'BLE MR.JUSTICE VIBHU BAKHRU
07.05.2015 The petitioners in all these petitions are praying that the show cause notices dated 25.06.2012 and the respective orders dated 29.06.2012 passed
2015:DHC:11829 by the Assistant Commissioner, D.B. Gupta Road, Anand Parbat, Karol
Bagh Zone,North Delhi Municipal Corporation be set aside.
By the said impugned orders,the respondent corporation cancelled the
Tehbazari rights in respect ofthe premises occupied by the petitioners. The principal contention advanced on behalf ofthe petitioners is that the show cause notice did not indicate the reasons on account of which the licenses have been cancelled. The show cause notices indicated that the Government of NCT of Delhi had decided to stop coal distribution under the Public
Distribution Scheme and,therefore,the licence for the premises allotted for that purpose would also stand cancelled. The petitioners had responded to the show cause notices by explaining that none of the petitioners were engaged or involved in running coal depots from the premises in question.
It is contended that the impugned orders proceeded on the basis that the terms ofthe licence granted in respect ofthe premises in question had been violated as khokhas allotted to the original allottees had been converted into pakka structures contrary to the terms ofthe licence. It is contended thatthe petitioner had no opportunity to advance their contentions in respect ofthe aforesaid allegation.
V After some arguments, the learned counsel for the parties agree that with a view to shorten the controversy,the petitioners would be afforded an opportunity to be heard to respond to the reasons as indicated in the impugned order. The concerned officer shall examine their contentions and pass a fresh speaking order. In the first instance, the petitioners would appear before the concerned officer with all the relevant documents at 10:30
AM on 05.06.2015. The concerned officer shall pass a speaking order within a period offour weeks thereafter.
The petitions and all pending applications are disposed of with the aforesaid directions.
Dasti.
MAY 07,2015 pkv VIBHU BAKHRU,J
07.05.2015 The petitioners in all these petitions are praying that the show cause notices dated 25.06.2012 and the respective orders dated 29.06.2012 passed
2015:DHC:11829 by the Assistant Commissioner, D.B. Gupta Road, Anand Parbat, Karol
Bagh Zone,North Delhi Municipal Corporation be set aside.
By the said impugned orders,the respondent corporation cancelled the
Tehbazari rights in respect ofthe premises occupied by the petitioners. The principal contention advanced on behalf ofthe petitioners is that the show cause notice did not indicate the reasons on account of which the licenses have been cancelled. The show cause notices indicated that the Government of NCT of Delhi had decided to stop coal distribution under the Public
Distribution Scheme and,therefore,the licence for the premises allotted for that purpose would also stand cancelled. The petitioners had responded to the show cause notices by explaining that none of the petitioners were engaged or involved in running coal depots from the premises in question.
It is contended that the impugned orders proceeded on the basis that the terms ofthe licence granted in respect ofthe premises in question had been violated as khokhas allotted to the original allottees had been converted into pakka structures contrary to the terms ofthe licence. It is contended thatthe petitioner had no opportunity to advance their contentions in respect ofthe aforesaid allegation.
V After some arguments, the learned counsel for the parties agree that with a view to shorten the controversy,the petitioners would be afforded an opportunity to be heard to respond to the reasons as indicated in the impugned order. The concerned officer shall examine their contentions and pass a fresh speaking order. In the first instance, the petitioners would appear before the concerned officer with all the relevant documents at 10:30
AM on 05.06.2015. The concerned officer shall pass a speaking order within a period offour weeks thereafter.
The petitions and all pending applications are disposed of with the aforesaid directions.
Dasti.
MAY 07,2015 pkv VIBHU BAKHRU,J
JUDGMENT