Full Text
/•
Item No. 5, 7, 8 and 15 to 17
% 29.06.2011
\
Present: Mr. M.R. Singh, Counsel for the petitioner in WP (C) NO. 4510/2011 & 4511/2011
Mr. Anand Shailani, Advocate for petitioners in WP(C)
No. 4498/2011, 4500/2011 & 4501/2011
Mr. Vinod Kumar, Advocate for respondent/NDMC
Ms Zubeda Begum, Advocate for respondent/police.
+WP(C) No.4498/2011
+WP(C)No.4500/2011
+WP(C)No.4501/2011
+WP(C)No.4509/2011
+WP(C)No.4510/2011
+WP(C)No.4511/2011
Notice. Notice of the petitions is accepted by counsels for the respondents.
With the consent of the parties, the above petitions have been heard finally and are being disposed of altogether.
All these petitions are filed by the petitioners wherein they have claimed to be squatters/ hawkers at the sites mentioned hereunder:
│ Serial Name of the Writ Address of Site │
│ No. Petitioner Petition No. │
├──────────────────────────────────────────────────────────────────────────────────────────┤
│ 01. Radhey Shyam WP(C) No. Near Campa Cola │
│ 4498/2011 Factory, Shivaji │
│ Bridge, Connaught │
│ Place, New Delhi. │
│ 02. Vishnu Dayal WP(C) No. Side Wall of Shop │
│ 2011:DHC:17518 │
│ Aggarwal 4500/2011 No. 36, Sarojini │
│ Nagar Market, New │
│ Delhi. │
│ 03. Yash Pal WP(C) No. Shop No. 36, │
│ 4501/2011 Sarojini Nagar │
│ Market, New Delhi. │
│ 04. Kishan Chander WP(C) No. Gate No. 3, Palika │
│ 4509/2011 Bazar, Connaught │
│ Place, New Delhi. │
│ 05. Pradeep WP(C) No. Gate No. 3, Palika │
│ 4510/2011 Bazar, Connaught │
│ Place, New Delhi. │
│ 06. Vinod Kumar WP(C) No. Gate No. 3, Palika │
│ 4511/2011 Bazar, Connaught │
│ T Place, New Delhi. │
│ They have alleged that the respondents are in the process of │
│ disturbing/ dispossessing them from their squatter/ hawl<er sites. │
│ They have also averred that their names are in the eligibility list for │
│ being allotted alternate sites by respondent no.l/NDMC. │
│ Learned counsel for the respondent no.l states that NDMC is │
│ in the process of finalizing allotment by draw of plots of squatters/ │
│ hawkers in the area of NDMC. He has, however, stated that the │
│ name of petitioner Kishan Chander in W.P.(C) No.4509/2011 is not │
│ mentioned in the list of eligible squatters for the allotment of an │
│ alternate site. │
└──────────────────────────────────────────────────────────────────────────────────────────┘
JUDGMENT
01. Radhey Shyam WP(C) NO. 4498/2011 Near Campa Cola Factory, Shivaji Bridge, Connaught Place, New Delhi.
02. Vishnu Dayal WP(C) No. Side Wall of Shop 2011:DHC:17518 T f,) ir Aggarwal 4500/2011 No. 36, Sarojini Nagar Market, New Delhi.
03. Yash Pal WP(C) NO. 4501/2011 Shop No. 36, Sarojini Nagar Market, New Delhi.
04. Kishan Chander WP(C) NO. 4509/2011 Gate No. 3, Palika Bazar, Connaught
05. Pradeep WP(C) NO. 4510/2011
06. Vinod Kumar WP(C) NO. 4511/2011 They have alleged that the respondents are in the process of disturbing/ dispossessing them from their squatter/ hawl<er sites. They have also averred that their names are in the eligibility list for being allotted alternate sites by respondent no.l/NDMC. Learned counsel for the respondent no.l states that NDMC is in the process of finalizing allotment by draw of plots of squatters/ hawkers in the area of NDMC. He has, however, stated that the name of petitioner Kishan Chander in W.P.(C) No.4509/2011 is not mentioned in the list of eligible squatters for the allotment of an alternate site. Be that as it may, it is the admitted case of the petitioners that the petitioners who are eligible for allotment of alternate sites are squarely covered by the judgment of this Court in W.P.iC) No.3364 of 2011 titled as Deepak Singh v NDMC & Ors decided on 25.05.2011. The decision of the said case shall apply to all the n/ petitioners who are eligible for allotment of alternate sites and whose names find mention in the list prepared in this regard. In addition to what is to be applicable to the petitioners in terms of the said order dated 25.05.2011, the time of squatting as recommended by Thareja Committee and approved by the Hon'ble Supreme Court being 'sunrise to sunset', shall also apply to all the petitioners. These petitions stand disposed of. Dasti. M.L.MEHTA, J VACATION JUDGE JUNE 29, 2011 awanish