Delhi High Court
Priya Sharma vs East Delhi Municipal Corporation ... on 9 July, 2015
$~ 2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 09.07.2015
+ W. P. (C) No.6449/2015
PRIYA SHARMA .... Petitioner
Through: Mr. Satya Pal, Adv.
Versus
EAST DELHI MUNICIPAL CORPORATION
& ORS ..... Respondents
Through: Ms. Vertika Sharma, Adv.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JAYANT NATH
JUDGMENT
Jayant Nath, J.(ORAL)
1. This writ petition is filed under Article 226 of Constitution of India
as a Public Interest Litigation. The petitioner prays for a writ in the nature
of mandamus to issue directions to the respondents to remove illegal and
unauthorized Commission Agents and traders from the Buffalo Live Stock
Market, Gazipur and to allow only valid licence holders, commission agents
and traders to run business there. Other connected reliefs also sought.
2. It is averred in the petition that the petitioner is residing at Laxmi
Nagar, Delhi. She states that she is contesting for the welfare, rights and
interest of the public at large and basically for the welfare of the Muslim
Community who are working at Gazipur Slaughter House Buffalo Live
Stock Market.
3. It is stated that the Buffalo Live Stock Market, Gazipur, starts
Buffalo business at night. Number of illegal traders run their business in
the market and cause obstruction to the smooth business. They capture
forcible possession of the sites of valid license holders. It is also averred
that respondent No.1 and 2, namely, East Delhi Municipal corporation are
not providing the number of valid licence holders intentionally and
promoting illegal and unauthorized Commission Agents and traders through
the licensee respondent No.5. It is also averred that the illegal and
unauthorised business of Commission Agents and traders is on account of
collusion between the various officials of the Municipal Corporation.
4. The petitioner states that she has made a complaint dated 05.05.2015
to respondent Nos.1 to 3. She has also sought certain information under RTI
Act. She is however, not satisfied with the reply received.
5. We have heard learned counsel for the petitioner and have gone
through the petition. There are repeated allegations made in the petition
about illegal business by unauthorized Commission Agents and traders
being carried out in Buffalo Live Stock Market at the instance of the
respondents. However nothing is placed on record to substantiate these
repeated allegations made in the writ petition. Allegations are also made
against respondent No.5, who is said to be a licensee of the Municipal
Corporation. It is alleged that respondent No.5 is issuing Gate Pass Receipt
in the owners name and in the name of Commission Agent who may not
have valid licence. Again this allegation is unsubstantiated.
6. On the basis of such vague and unsubstantiated averments, no petition
by ways of Public Interest Litigation can be maintained. In fact, the matter
does not involve any element of public interest but on the other hand it
appears to us that the petition is motivated and targeted against the
respondent No.5.
7. Hence, we are not inclined to entertain the petition by way of Public
Interest Litigation. Accordingly, the same is dismissed.
JAYANT NATH, J
CHIEF JUSTICE
JULY 09, 2015/an
