SUPREME COURT OF INDIA

Before:- S.B. Majmudar and M. Jagannadha Rao, JJ.

IAs Nos. 332-33 in WP (C) No. 1699 of 1987 with IAS Nos. 336, 284, 297, 317, 328, 299, 300, 301, 318-23 and 339 in WP (C) No. 1699 of 1987, Contempt Petition (C) No. 398 of 1998 in IAs Nos. 246-46 in WP (C) No. 1699 of 1987, Contempt Petition (C) No. 412 of 1999 in IA No. 289 in WP (C) No. 1699 of 1987, Contempt Petition (C) No. 370 of 1999 in WP (C) No. 1699 of 1987, Contempt Petition (C) No. 72 of 2000 in WP (C) No. 1699 of 1987. D/d. 5.5.2000.

Ramesh Kumar - Applicant

Versus

M.C.D. and others - Respondents

Constitution of India, Articles 19(1)(g),(6), 21, 14 and 136 - Payment Hawkers/Squatters - Chopra Committee M.C.D. directed that those squatters who are found eligible by the Chopra Committee will be intimated about their eligibility and allotment of sites will be made on that basis within four weeks from today - Station House Officer concerned shall also fully cooperate with M.C.D. in removing the unauthorised squatters from the eligible sites.

[Paras 2 and 3]

Cases Referred :-

Gainda Ram v. M.C.D., (1998) 1 SCC 188.

ORDER

WP (C) No. 1699 of 1987

S.B. Majmudar, J. - By our order dated 1-5-1997, Gainda Ram v. M.C.D., (1998) 1 SCC 188, we have already clarified that whatever decision is rendered by the Chopra Committee shall be final and shall not be subject to scrutiny of any court. It is also made clear that this Court will also not undertake any review against the decision of Shri Chopra and the decision of Shri Chopra shall be treated as final and binding on the squatters concerned as well as on M.C.D. In view of this order, applications which are filed in the Registry and mentioned in the office report dated 3-5-2000 raising challenge to the report of Shri Chopra cannot be entertained and those cannot be registered and as such the said applications will stand dismissed.

2. Having heard learned counsel for the applicants in IAs concerned and learned counsel for M.C.D. it is directed that those squatters who are found eligible by the Chopra Committee will be intimated about their eligibility and allotment of sites will be made on that basis within four weeks from today. Such eligibility certificate may be collected from the zonal office concerned by the individual squatter on due identification. The eligibility certificate shall bear a passport size photograph of the eligible squatter. Such photographs will be procured by the eligible squatters after due verification and identification along with other particulars as suggested by the Chopra Committee so as to enable M.C.D. to issue appropriate eligibility certificate to the squatters concerned. The said exercise will be started within four weeks from today.

3. Learned counsel for M.C.D. also submitted, in view of our earlier order, that those persons who are found to be unauthorisedly squatting shall be removed by M.C.D. by taking police assistance. We direct accordingly. Once the eligibility certificates are issued to eligible squatters, the Station House Officer concerned shall also fully cooperate with M.C.D. in removing the unauthorised squatters from the eligible sites. We are also informed that the Committees for identifying the eligible squatting zones/non-squatting zones are already constituted and the said Committees have already taken up the task. Four weeks? time is granted to the said Committees to complete the exercise. Learned counsel for M.C.D. fairly states that whatever written suggestions are received by the individual squatters will be duly considered by the Committees.

IAs Nos. 332-33

4. Adjourned to 28-7-2000 at 2.00 p.m. awaiting the report of the Committees.

Contempt Petition (C) No. 412 of 1999 in IA No. 289 in WP (C) No. 1699 of 1987

5. Learned Senior Counsel for the petitioners states that though it is styled as a contempt petition, he does not press this petition seriously and what the petitioners want is alternate sites. Learned counsel for M.C.D. states that proper seniority list will have to be prepared in a comprehensive manner and in the light of the petitioners? seniority, appropriate sites will be provided to them. For that purpose, he wants some time. Adjourned to 28-7-2000 at 2.00 p.m.

Rest of the matters

6. Adjourned to 28-7-2000 at 2.00 p.m.

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