Tilak Raj Narula vs N.D.M.C.
2001 Latest Caselaw 1439 Del

ORDER

Manmohan Sarin, J.

Rule.

1. With the consent of the parties writ petition is taken up for disposal. Petitioner has filed this writ petition seeking direction to the NDMC to construct a permanent fuel Depot at the site at Prithvi Raj Market, allotted in favor of the petitioner.

2. Show cause notice was issued. NDMC filed its counter affidavit, wherein it accepted that NDMC had transferred allotment in favor of the petitioner from the name of his late father. NDMC however took the position that it was not obligatory on NDMC in terms of the license to construct any permanent fuel depot at the sit in dispute. Petitioner thereupon sought permission to construct the structure at his own cost so that he could carry on his business. In the event the petitioner constructed one office room and a toilet.

3. Petitioner thereafter moved applications complaining of discrimination and submitting particulars of cases where either the NDMC or CPWD had permitted construction of more accommodation namely a office room, living room, a kitchen, WC etc. The petitioner cited cases of Grover Coal Company, Khullar Coal Company and Khushi Ram Shiv Kumar Coal Company and others wherein more than that has been allowed to the petitioner, was permitted to be constructed.

4. Learned counsel also draws attention to the condition No. 4 and 5 of the license issued by the Health Department, which runs as follows:

"(4) A living room with a kitchen attached for the keeper and a separate office room should be available.

(5) A W.C. and a Urinal for use by the keeper and by the customer should be provided."

5. I have heard Mr. D.S.Chauhan counsel for the petitioner and Mr.Arvind Shah counsel for the respondent and Mr. S.V.Kaushal, Architect. It is urged by Mr.Arvind Shah and Mr. S.V.Kaushal that eh location of the fuel depot is of a transitory nature in as much as the place is earmarked for a community centre.

6. Be that as it may, as long as the license of the petitioner is continuing, the petitioner would be entitled to have accommodation, which is in keeping with the license conditions and the other terms as prescribed by the Health Department.

7. Counsel for the NDMC submitted that no permanent structure should be permitted especially in view of the earmarking of the site for community centre. After having instructions, counsel for the petitioner submits that he may be permitted to construct a room for chowkidar at his own expense. The request is reasonable.

Let the petitioner construct a room of 10 ft. X 10 ft. with a height equivalent to the height of existing room with roof of asbestos sheets and cement flooring. The room be located adjacent to the office room. Counsel for the petitioner states that the petitioner shall not claim any special equities or compensation in respect of the room which he is being permitted to construct.

8. Writ petition stands disposed of in the above terms.