Full Text
HIGH COURT OF DELHI
Date of
JUDGMENT
JASVINDER SINGH ..... Petitioner
Through: Ms. Anamika Ghai Niyazi, Advocate.
Through: Ms. Sangeeta Chandra, Advocate for R-1.
Mr. Ashim Sood and Mr. Tarun Krishan Kumar, Advocates.
HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J. (ORAL)
1. The petitioner claims to be a regular street vender and vending at Gate No. 1, J.J. Colony, Khanpur, MB Road, Sainik Farms, New Delhi. Petitioner is a handicap person with 100% disability. Along with this petition a notice dated 27.12.2018 has been filed calling upon the petitioner to evacuate from the military land.
2. Counsel for the MCD submits that the petitioner never applied and was never granted a Teh Bazari license by the MCD. The MCD is not the 2019:DHC:1844-DB land owning agency which is evident from the reading of the communication dated 27.12.2018.
3. Counsel for the petitioner submits that having regard to the fact that the petitioner suffers a disability of 100%, the TVC be directed to consider his case expeditiously. Attention of the Court is drawn to the order dated 23.11.2010 passed by the Presiding Officer.
4. We have heard counsels for the parties.
5. The notice received by the petitioner from the Officer Commanding, 274, Transit Camp, reads as under:- “274, TRANSIT CAMP, KHANPUR PIN-91927[4] THROUGH 56 APO Dated: 27.12.2018 27538/06/274 Sh. Jaswinder Singh, Son of Sh. Dilip Singh, House No. B-32, JJ. Collony, Khanpur, New Delhi NOTICE IN RESPECT OF EVACUATION OF MILITARY LAND
1. You must be verbally warned one month before to vacate the Military Land i.e. A-01, Khasra No. 123. In spite of this you did not vacate the place.
2. You are warned again that you vacate this place within four days, your belonging will be removed from this place and you will be prosecuted as per law. Col. Officer Commanding 274, Transit Camp Cc to:
1. SHO Police Station Neb Sarai.
2. Dy. Commissioner, MCD, South Zone, Green Park, New Delhi.”
6. We have also examined the order dated 23.11.2010, passed by the Presiding Officer, which is reproduced below:- “Application No. 12746 Name: Jasvinder Singh 23.11.2010 Perused case file and I have already heard the applicant and Sh. J.D. Sharma, Asstt. Commissioner, South Zone, Sh. Mukesh, Member ZVC. Applicant prays for allotment of a tehbazari site. He has shown only a receipt of deposit of Rs.100/- under MCD Scheme for Squatters/Hawkers-2007 which is merely an acknowledgement of receipt of any application for allotment of tehbazari site. Applicant is placed similarly as applicant in Case No. 2595 in which detailed order has already been passed giving guidelines of Hon’ble Apex court to determine eligibility and seniority of squatters. The complete detailed order is not reproduced here to avoid repetition and the same may be referred to. He has also shown photo copy of disability certificate issued by Dr. Rajendra Prasad Centre for Ophthalmic Sciences, AIIMS, New Delhi to the effect that he is 100% handicapped. As such he is entitled to preferential allotment of vending site under the handicapped category under sub clause IV of clause 9 page 2 of MCD Scheme for Squatters/Hawkers-2007. Her Claim under this category be considered within reasonable time. File be consigned on record. Presiding Officer”
7. A reading of the notice makes it clear that the land in question is military land. Accordingly, although no relief can be granted to the petitioner by this Court, the TVC is directed to consider the case of the petitioner within three months of receipt of the application based on the supporting documents which the petitioner shall place before them. The observations made in the order dated 23.11.2010 will also be duly considered.
8. With the aforesaid directions the petition is disposed of. We make it clear that we have not expressed any opinion on the merit of the matter. C.M. Appl. No. 10666/2019
9. C.M. stands disposed of in view of the order passed in the writ petition. G.S.SISTANI, J JYOTI SINGH, J MARCH 29, 2019 AK