Vinod Bhatia v. North Delhi Municipal Corporation & Ors.

1 The petitioner, who was directed to remain present along with proof I of~is identity, is not present. J Counsel for the petitioner states that she has been unable to contact '. I theIclient. l I Counsel for the M.C.D. submits that the petitioner has, in fact, sold or I tra4sferred his tehbazari rights and the stand ofthe petitioner to the contrary, is Jalpably false. [ As directed by this Court on 2nd August, 2013, the relevant records of I theiM.C.D., on the basis ofwhich action of cancellation has been taken, has alst been brought. The record shows clearly that on 16th April, 2013, North De~hi Municipal Corporation received an application for mutation of the I tehpazari site No.9545 at Railway Boundary Wall, Hamilton Road, I 2013:DHC:7624 Kashnb.iri Gate, Delhi 110006, stating that the petitioner, Vinod Bhatia,. over the vacant possession ofthe same to Sh. Kamal Manchanda. t is also pointed out by counsel for the North Delhi Municipal Corpo ation that the Supreme Court in Patri Vvapar Mandai Delhi (Regd) v. M..D. Town Hall & Ors. in the order dated 9th April, 2009 in Writ Petiti n (C) No.1699/1987 has, inter alia, directed as follows: l I "23..........if any such tehbazari/vending sites were transferred prior to 06.02.2007 the same could be considered as a valid transfer. But, in any case; no transfer made after 06.02.2007 by way of change of hands, sale etc. would be allowed and any such transfer, if made, would be illegal. Persons found to have been transferred their tehbazari/vending sites after 06.02.2007 could be evicted as per the due process of law. We believe that the aforesaid order which we have passed with a cut of date of 06.02.2007 directing for legalizing any transfer made prior to 06.02.2007 and declaring all subsequent transfers as illegal and invalid would likely to cause the process of allotment of new tehbazari/vending sites smooth and easy." ]under the circumstances, there appears to be no merits in this petition and tHe same is dismissed. I CM tto.11094/2013 I ISince the main petition has been dismissed, this application does not AUGPST 07, 2013 dr SUDERSHAN KUMAR MISRA, J