SUPREME COURT OF INDIA

Before:- M. Jagannadha Rao and R.C. Lahoti, JJ.

I.A. No. 355 in W.P.(C)No. 1699/1987. D/d. 1.12.2000.

Ram Kishore & Ors. - Applicants

Versus

M.C.D. & Ors. - Respondents

Construction of India,1950, Article 301 - Freedom to carry Trade - Applicants are eligible Squatters and prayed not to be obstructed from carrying business till final allotment of alternative site - Place where Petitioner presently squatting and in meantime if it is not possible to make any final allotment of alternative site according to their seniority, MCD to make a temporary provision in a non-prohibited squatting area till regular final allotment is made - As and when said temporary space, in non-prohibited squatting area is allotted, applicants to be obliged to move to that place without any contention that same is not suitable or is not a lucrative area for their business.

[Para 1]

JUDGMENT

1. The applicants are eligible squatters. They have filed this application praying that they may not be obstructed from carrying on their business at Lal Mandir, New Lajpat Rai Market, Delhi till final allotment of alternative site is made. Learned counsel for the MCD submits that this is a non-squatting area. When this is a non-squatting area, neither temporary arrangement or permanent arrangement can be made. The applicants are therefore given two weeks time to vacate from The place where they are presently squatting and in the meantime if it is not possible to make any final allotment of alternative site according to their seniority, the MCD will make a temporary provision in a non- prohibited squatting area till regular final allotment is made. As and when the said temporary space, in the non-prohibited squatting area is allotted, the applicants will be obliged to move to that place without any contention that the same is not suitable or is not a lucrative area for their business.

2. The I.A. is disposed of.

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