Sodan Singh v. N.D.M.C. & ORS., (SC) BS193639
SUPREME COURT OF INDIA

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

IA 83, 114, 33, 38 etc./1998. D/d. 04.02.1998.

Sodan Singh - Petitioner

Versus

N.D.M.C. & Ors. - Respondent

A. Constitution of India, Articles 19(1)(g) and 19(6) - Hawking and squatting - Restriction on trade - Restrictions on selling luxury or smuggled items is a reasonable restriction - The New Delhi Municipal Council should permit such hawkers/squatters to change their trade to an authorised one - It cannot claim to have absolute discretion in the matter.

[Paras 36 to 41]

B. Civil Procedure Code, 1908, Order 40 Rule 1 - Court Receiver - Remuneration - One man committee appointed by Supreme Court, consisting of serving judicial officer to look into the claims of hawkers and squatters.

[Paras 21 to 24]

Cases Referred :-

Sodan Singh v. N.D.M.C, 1989 (4) SCC 155.

Sodan Singh v. N.D.M.C, 1992 (2) SCC 458.

JUDGMENT

M. Jagannadha Rao, J. - Leave granted.

2. This judgment is in continuation of two earlier judgments of this Court rendered in this very case, which is a public interest case concerning the hawkers, squatters, etc, in the public streets in the New Delhi Municipal Committee area. The first of the judgments WAS rendered by a Connotation Bench on 30.8.1989 in Sodan Singh v. N.D.M.C. : 1989 (4) SCC 155 and the second was rendered on 13.3.1992 by a three Judge Bench in Sodan Singh v. N.D.M.C 1992 (2) SCC 458. In sub - para 6 of para 10 of the latter judgment, all cases then pending except one (the case now before us) were treated as disposed of an claimants were permitted to seek further directions in future as and when the Thareja Committee Report (to which we shall presently refer) was given. The said report WAS given in May 1996 and thereafter about 130 I. As were filed in this S.L.P. pursuant to the permission granted as stated above. We heard there IAs. We have also heard the objections of the N.D.M.C. to the Thareja Committee Report. Counsel made various submissions on 6th, 7th and 8th January. Several IAs were rejected at the time of the said hearing. In some IAs were the claimants were found 'eligible' bu the Thareja Committee, orders were passed adopting the recommendations of the Committee as orders of the Court subject to "general directions" to be given in the case now before us. Some IAs of 'eiligible' claimants were adjourned and are being disposed of separately.

3. We shall make a berried reference to the events which have taken place hitherto and then deal with the issues argued before us.

4. The first Sodan Singh case- 1989 (4) SCC 155 : This decisions was by a Constitution Bench of this Court and was rendered on 30.8.1989. It was held that the right to carry on trade or business was not covered by Article 21 of the Connotation of India but was covered by Article 19 (1)(g) and could be reasonably restricted by law made under Article 19(6). It was held that hawking on road - sides fell within the expression 'occupation, trade or business' in Article 19(1)(g). It was also held that all puce streets and roads vest in the State but the State holds them as trustee on behalf of the public and the members of the public are beneficiaries entitled to use them as a matter of right. The Municipality has full authority to permit 'hawkers and squatters' on the side walks wherever the Municipality considers it practicable and convenient, under the provisions of the Punjab Municipal Act, 1911 (or Delhi Municipal Corporation Act, 1957). But there cannot be a fundamental right vested in a citizen to occupy any particular place on the pavement where he can squat and engage in trading business. Nor can the hawkers assert a fundamental right to occupy any place permanently on a pavement. If the circumstances are appropriate and small trader can do some business for personal guanine the pavement to the advantage of the general public and without discomfort or annoyance to others, there can be no objection. Hawkers cannot be permitted to squat on every road. Whether it is located close to a hospital or whether there is need for security measures in a particular area, etc. and similar eleventh factors has to be taken into account for permitting business on a particular road. Licence has to be given for trading but this does not mean that licence is to be given on a daily basis. Regard must be had also to the provisions of the Delhi Police Act, 1978 and Delhi Control of Vehicular and other Traffic on Roads & Streets Regulation, 1980. This Court, on a consideration of all the above factors, directed the New Delhi Municipal Committee to frame a scheme in regard to the areas or places where hawking / squatting is to be permitted and as to the number of squatters that could be allowed. The authorities would be fully justified in refusing any facility to hawkers who sell costly luxury articles.

5. The right is basically for poor hawkers and not to sellers of luxury items or smuggled goods. Broadly, these are the directions given in the first Sodan Sing's case. The NDMC Scheme : (10.11.1989)

6. Pursuant to the directions above stated, the N.D.M.C. came forward with a detailed scheme on 10.11.1989. Under the said scheme, the N.D.M.C. area was divided into 5 Zones and the places where these squatters or hawkers could be permitted to trade in each zone were identified. It was also stated that squatting will not be permitted in certain areas because of certain unique characteristics of the area or because of the place being security-sensitive. However, existing permission of Tehbazari or Kiosks in some of these areas were not to be disturbed. Squatting would not be permitted on the footpaths or on road so far as major roads are concerned. No permissions, in verandah of markets which have been declared as public streets, were to be granted. Annexure A of the scheme gives details of places in each zone where squatting/hawking could be permitted and the total number, of the stalls, kiosks, pan tharas, Mocho tharas, cycle repair tharas, telephone booths, tax booths, vegetable tharas, tehbazari or tolerations which could be given in each zone and also those which could be given on compassionate grounds. Annexure B of the scheme gives the total of stalls, kiosk, etc. already built as 108 degree and states that the number of existing permissions for Tehbazari is 228 and tolerations 106. Still, there are 1500 squatters in N.D.M.C. area to be provide for a eligibility of claimants was to be considered as per criteria stated in para 6 of the Scheme.

7. Under para 6 of the scheme squatters were divide into 3 categories, (i) those before 1977. (ii) those between 1978 to 1980 and (iii) those between 1981 and 1987. The first category who are the senior most, would get kiosks/stalls subject to availability. Further, "till they are allotted kiosks/stalls, they will be given permission for tehbazari on usual charges". The second category of eligible squatters of 1978-1980 will be given tehbazari permission in their respective area subject to availability f stalls, unless there are kiosks/stalls available as per their seniority. The third category of eligible squatters of 1981 to 1987 would also be considered for allotment of tehbazari, in case suitable vacant spaces in respective zones are available for such allotment. A further procedure for reservation was spelled out as follows :

Only non- licensable trades excluding sophisticated luxury items, imported or smuggled goods) are to be permitted i.e. Pan, Biri, Cigarette, etc. No cooking or sale of food items exposed to dust which could cause health hazard, - was to be allotted. Para 9 of the Scheme dealt with the issue of hawking licences. This question of eligibility was to be examined by a Committee to be appointed.

8. The Lok Adalat (Dated 19.11.1989) and recommendation as to 'finality'. After the Scheme was framed as above, a Lok Adalat, presided by a learned Judge of this Court and a retired Judge of the Allahabad High Court was held and the learned Judges observed that the job allotment to individual claimants should be given to a Committee consisting of 2 members from the N.D.M.C. and a Judicial Officer of the rank of a District Judge. It was further directed that "the decision by the Committee shall be binding and final".

9. In other words, the decisions of the said allotment Committee was to be final. Supreme Court Orders dated 21.12.1989. 1.2.1990. 9.2.1990

10. We shall next briefly to refer to certain orders of this Court. It was directed on 21.12.1989 that the District Judge, Delhi should nominate a judicial officer with the previous concurrence of the High Court to carry out the suggestion made by the Lok Adalat. It was again directed on 1.2.1990 that initially 100 cases should be examine. By another order dated 9.2.1990 it was directed that the Judicial Officer nominated. could even make surprise inspections etc. and work on a whole time basis. The Judicial Officer nominated was Mr. Thareja. He gave an interim report. On 29.1.1991 this Court noticed that 5000 applications were pending before the Officer. This Court directed that the Committee will consist only of Mr. Thareja. In a latter order dated 28.10.1991. this Court stated that the timings 4.00 Pm to 9.00 PM suggested by the N.D.M.C. for the hawkers were not acceptable and that 12.00 Noon to 7.00 PM could be more appropriate. The second Sodan Singh Case : [1992 (2) SCC 458] (13.3.196)

11. The second judgment is dated 13.3.1992. This court, initially rejected the complaint that the Thareja Committee was applying very strict standards of proof for eligibility and that this was affecting interests of bona fide claimants. But in order to protect genuine claimants, this Court gave a set of nine directions. We do not propose to refer to all of them except two. Under direction 8, the Thareja Committee was to draw up a list of squatters/hawkers identified by it. Under direction 9. the Committee was to draw up a seniority list of squatters/hawkers and the Committee was to already identified". All pending cases were to be treated a disposed of, except one case. No Court was to entertain any fresh case.

12. Public notice & cut off dated (22.5.1992) : As directed in para 12 of the second Sodan Singh's case, public notice was give inviting claims before the Thareja Committee and cut off date namely 22.5.1992 was fixed. Pursuant thereto, several claims were received. In all, there were 5627 claims before the Committee, including 126 review petitions. The Thareja Committee Report (May, 1996) :

13. We must place on record our deep sense of appreciation for the tremendous work dome by Mr. Thareja and the trouble he had taken in completing these cases. He had also visited the places where the hawking was being done or was claimed as being done, - on various occasions with or without notice to verify facts. He has also applied a judicial and humanitarian approach to the problems of the hawkers. At the sametime, he has also took care to apply principles which eliminated any possible manipulations by the employees of the N.D.M.C. or exploitation by them of these squatters/hawkers regarding which there were complaints before him.

14. The Thareja Committee took up the question of identification of sites. Fourteen sub areas in the 5 zones were identified., Others areas which were not accepted by N.D.M.C., were subjected to detailed serenity to find out if the objections raised by the NDMC were tenable. The Thareja Committee, in Chapter II, has dealt with the individual sites in each zone (page 56 to 310) and took up the objections to the NDMC in respect of each site, and rejected almost all the objections of the N.D.M.C., particularly in regard to lucrative areas. The Committee has given elaborate and very tenable and rational reasons. This part of the Report is from page 56 to page 310, nearly 250 pages. we shall deal with these areas lower down. The Committee has also gone into claims of individual claimants and found only 760 as eligible persons to be accommodated. This figure is in addition to the cases of 'hardship'. The Committee also compiled a separate volume (volume 2) of the Report in respect of the names of eligible applicants, their trade, and their seniority and details of the area occupied (6'x 4' or 4 x 3' or stall - kiosk) along with the photograph of the particular claimant. The Committee here referred to the 760 claimants and also the other cases coming under the category of hardship. This volume 2 runs to more than 200 pages. As to eligibility of squatting at various places, the Committee considered several claimants eligible and made tentative allotments, subject to final allotment later on. The Committee said (page 38 of its Report) :

15. Thus the occupation of these places by eligible squatters as decided by the Thareja Committee is only tentative and subject to regular allotment after a decisions arrived at as to whether the places in regard to which the NDMC claimed exclusion (see below) would be accepted by the Thareja Committee and by this Court. The tentative allocation by the Thareja Committee is also subject to further final allotment on the basis of priorities between the three groups of squatters i.e. those before 1977 to 1987. Final allotment depended also on Seniority and reservation ratio of the squatters in each of the three groups.

16. An important aspect of timings as to "squatting. hawkers " was considered by the Committee (pages 44-45) to say that neither the hawkers nor the N.D.M.C. officials were acting in accordance with the timings referred to by this Court in one of its orders dated 28.10.1991. It was pointed out by the Committee that those who were settling with N.D.M.C. officials were being allowed all 24 hours while others not so inclined were being harassed and discriminated against. This resulted din a flood of IAs being filed before the Committee in regale to timings alone. The Thareja Committee therefore recommended time schedule as "sun-rise to sun-set" - as has been granted to tehbazari". We accept this recommendation to the above said extent. One of the eligibility criteria followed by Thready Committee;

In respect of the period

17. The Thareja Committee was prepared to condone absence of proof of squatting/hawking only for one year. Further the squatting/hawking after 187 putto date of inspection by the Committee has been also gone into. In other Words those who were squatting in the periods (withal one year gap) were to be squatting even after 1988. For the period after 1988 also only one year gap has ben condoned. This principle was followed uniformly. Some claimants whose claims were rejected on this basis have filed IAs. We have rejected them as we have agreed with the principles adopted by the Thareja Committee. Submissions of N.D.M.C. in this Court in regard to rejection of NDMC's objections to some sites :

18. The Thareja Committee while rejecting the objection of the NDMC in respect of these areas and including them in the list of acceptable places, has also given the figures of how many kiosks, squatter or tehbazari can be accommodate in these areas.

19. Objections were raised before us by the NDMC in regard to (i) 26 important places in the various zones, (ii) place in Sarojini Nagar and (ii) six other places in some zones - in all 33. Learned senior counsel for the N.D.M.C. Sri R.K. Maheshwari made his submissions in regard to each of these items and referred to the reasons give by Mr. Thareja and contended that these sites were wrongly included by the Committee and have to be excluded and further that the reasons given by the Thareja Committee are not sound. The objections of the N.D.M.C. in respect of these sites fall into the various categories :

Part 9 of the report of the Thareja Committee from pp 56 to 310 dealing with these aspects has been read before us by the learned counsel for NDMC for 2 days on 6th and 7th January. taking up item by item. The reasons given by the Thareja Committee were challenged.

20. We have heard these submissions and have also gone through the elaborate reasons given by the Thareja Committee in regard to each of these 33 places. We do not propose to record our reasons nor to deal with each item independently. We are indeed not sitting in appeal. Further, we are keeping in mind the recommendation as to 'finality' made in the Lok Adalat on 19.11.1989. Further the plea of the NDMC that certain areas fall under 'development scheme' was a plea not raised before the Thareja Committee and has been raised for the first time before us. We find that the Redevelopment Scheme prepared by the DDA is of March 1993 and the NDMC had full knowledge thereof long before May 1996 when the Thareja Committee Report was submitted to this court. Hence this ground is liable to be rejected. We are satisfied that Mr. Thareja has based his conclusions on valid material and on the existing factual position at the grass- root levee. He has also relied upon factual information gathered from personal visits made by him to these places and kept in mind the manner in which, the N.D.M.C. had itself already granted certain kiosks, squatting or tehbazari rights in these very areas earlier. In our view no exception can be taken to the reasoning and conclusions of the Thready Committee in regard to these items and to its ultimate recommendations to the suitability (or otherwise) of these areas. We do not find any grounds to modify or set aside the recommendations in regard to these sites. In the result, we accept the recommendation, reject the objection of the NDMC and therefore these 33 sites would get added to the 76 and 7 sites already mentioned - resulting in 116 sites. (In this connection, our order in IA No. 114/97 may also be seen). As already stated, the Thareja Committee also decided the relative seniority of each claimant and wherever individual claimants have questioned the adverse orders passed by the Committee, we have passed separate orders in the IAs. Subject to the orders passed in the IAs, the recommendations of the Committee as to seniority are accepted by us.

21. The Committee has recommended the procedure that could be followed while making final allotments. It reads as follows (p.309) :

22. In other words, apart from seniority, each eligible squatter should be allowed three sites as options in the zone.

23. We accept the above procedure recommended by the Thareja Committee and the recommendation for giving three options in the zone subject only to one modification that the allocation will be accordingly to seniority as decided by the Committee and not by draw of lots as alternatively suggested by the Committee.

24. The concluding para of the Committee report reiterates that the allotments made by the Committee are only tentative and that final allotment has to be made after this Court passes orders on the Committees Report. This part of the recommendation (which is similar to recommendations at page 38 of its report) reads as follows (p.310) :

25. Therefore, the allocation of palaces, if any, done by the Thareja Committee in individual cases, is only tentative inasmuch as new places have been added, seniority is now fixed and three options are to be now given by each person and question of reservation is also to be considered. Now that the IAs regarding claims of squatters whose claims have been rejected by the Committee have also been disposed of by us and the seniority list stands accepted, and the objections of the NDMC for excluding certain areas stand rejected, while some areas ares suggested by the NDMC have got added, the stage is therefore set for final allocation of the sites to the various claimants. While making allotments for squatters\tehbazari the proportion as to reservation motioned in the scheme will also have to be followed. We are, therefore, proposing that after a public notice to be issued by the authority whom we propose to nominate, claims will be filed in Part I by the eligible claimants (Part II will deal with arrears of Tehbazari charges). Arrears if tehbazari charges :

26. So far as waiver of the arrears of tehbazari charges prior to 1.1.1990 by the NDMC is concerned, we heard arguments and considered the facts and circumstances of the case and we accept this recommendation.

27. So far as arrears after 1.1.1990 are concerned, it has been stated before us that the tehbazari charges for a space of 6' x 4' are Rs. 240/- p.m. and that for a space of 4' x 3' are Rs. 120/- p.m. There was considerable argument before us as to whether in order to avoid dispute as to what is the actual amount in arrears after 1.1.1990. we should fix a lump sum amount applicable to all claimants or whether we should order an enquiry into individual cases where there is dispute as to the period of occupation. Having considered this aspect carefully we are not inclined to fix a lump sum. We are of the view that the authority whom we propose to nominate should examine, in case of dispute, the facts in each case relating to arrears of tehbazari charges for the period after 1.1.1990 and decide the extent of arrears in each case after giving a reasonable opportunity of being heard, to the claimants found eligible by the Thareja Committee wherever there is a dispute as to the amount of arrear. We also direct that deduction will be given for any amounts already paid for the period after 1.1.1990 provided adequate proof is produced therefor.

28. It has been argued for the NDMC that unless the arrears are paid, the eligible claimants should not be allowed to conduct their trade at the places tentatively allocated to them or where they have been lawfully conducting their trade. We are unable to agree with this contention particularly because we have directed an iniquity into the arrears after 1.1.1990, wherever the quantum is in dispute. We are of the view pending a decision on arrears that the current tentative occupation by these persons of any places, as decided by the Thareja Committee, need not be disturbed. The claimants will be permitted to carry on their avocations at the places tentatively designated by the Thareja Committee, subject of course to final allotment of places by the authority to whom we propose to entrust the job for such final allotment.

29. The authority whom we propose to designate shall, as per the procedure for public notice indicated below, require eligible claimants to file in Part II of their application, details as to the Tehbazari charges paid after 1.1.1990, so that the issue of arrears, if any, is not raked up after the issue of allotment of site is finalised. Booth issued could be decided more or less simultaneously, so that in case the arrears finally determined are not paid, the final allotment of site could be made to another eligible person by the new Committee. Construction of Kiosks : time to be fixed etc. :

30. It has been rightly suggested by Shri Maheshwari for the NDMC that it is not necessary to keep these places identified for construction of kiosks idle till the kiosks are actually constructed. In the meantime, those to whom these kiosks have been allocated by the Thareja Committee tentatively or who have already been authorisedly continuing, will continue to squat at the places where the kiosks are to come up and conduct their avocation subject to any final allotment that may be made by the authority whom we propose to dominate.

31. It has been argued for the NDMC that so far as the construction of these kiosks is concerned, permission may be obtained from Delhi Urban Arts Commission and also from the Archaeological Survey of India and the Department Capital Territory, New Delhi. If such a procedure is warranted by law, surely the NDMC may follow the same. But, in the meanwhile, if tentative allotment is already made by the Thareja Committee or there are authorised occupants, they will not be disturbed, pending construction of kiosks. Further if there are any 'unauthorised' persons at these places where kiosks are to be constructed - conducting tehbazari or squatting, - such persons shall forthwith be removed from those places by the NDMC.

32. In the event of the Urban Arts Commission or the Archaeology Departments mentioned above not approving any of these sites for kiosks identified by the Thareja Committee, the said places shall be available for tehbazari and the authority whom we propose to nominate, shall consider the said places for tehbazari and make such allotment as he may deem fit, in accordance with the procedure already indicated.

33. For the purpose of obtaining clearance from the aforesaid authorities, we grant time to the NDMC putto 30.6.1998. Copy of our order will be communicated to the above departments i.e. Delhi Urban Arts Commission; Archaeology Survey of India, New Delhi and Department of ARCHAEOLOGY, N.C.T., New Delhi.

34. Immediate eviction of unauthorised squatters/hawkers : A reading of the Thareja Report and connected documents does show that is several areas unauthorised squatters or hawkers have been allowed to conduct their operations.

35. It is alleged by the learned counsel appearing for the squatters/hawkers that this is done is collusion with the NDMC or officers of other departments and this should be stopped forthwith. In fact, it is vehemently argued that such unauthorised squatters/hawkers are there in places in respect of which the NDMC claimed exclusion on pleas of heavy traffic sensitivity etc. It was therefore agreed before us by the learned counsel for the NDMC, Sri Maheshwari that these unauthorised squatters/hawkers will be removed by the NDMC forthwith.

36. We are of the view that these persons should be removed forthwith and that it is not necessary to wait till the final allotment of these sites to the eligible claimants. We accordingly direct that the unauthorised squatters/hawkers trading at the places recommended by the Thareja Committee or suggested by the NDMC - which have now been accepted by us - should be removed by the NDMC within one week from today and the NDMC shall also ensure that, in future, no unauthorised squatter/hawker conduct his triad at the places accepted by the Thareja Committee and by this Court. We make it clear that if the above directions are violated by the NDMC, it may call for serious action from this Court. It will also be open to the authority whom we propose to appoint to bring to the notice of this Court any breach by the NDMC of this direction.

37. Mode of issuing public notice. fixing cut-off and procedure for hearing before the authority : We have already stated that for the purpose of final allotment of the places to the authorised squatters/hawkers as per their seniority, and to consider the three options of each person, and for the purpose of deciding the quantum of arrears of tehbazari charges for the period after 1.1.1990, we will be nominating a particular authority. Question has arisen s to what procedure he should adopt. Public notice : inviting applications - Part I (allotment of sites)

38. Initially he will issue a public notice that the eligible claimants may submit their applications in respect of the 116 sites and in Part I of their application they shall state their claim in regard to the size (whether 6' x 4' or 4' x 8') within the respective Zones - restricting choice to three places in each Zone - and quoting their seniority ad decided by the Thareja Committee. (The option in all will be only for 3 places in the zone). The public notice shall also require the eligible claimants to state in Part II details of the arrears of tehbazari charges from 1.1.90 and if there are arrears as on date or not. Public Notice will be issued in one English and one Hindi Newspaper having circulation in Delhi in this behalf. Such notices will also be put up at the various offices of the NDMC. It will also be stated that claimants can purr forward their claims within three weeks (a specific cut off date is to be given) before which the applications is to reach the authority whom we propose to nominate. It shall also be stated in the public notice in the newspaper that for the purpose of giving the three options, the claimants can ascertain. if necessary, the details of the location and size of these 116 places for which they would give their options - from the Notice Board of the NDMC at specified places. We are emphasising this aspect to obviate any grievance that the eligible claimants did not know details of the available places in each Zone or the size and to eliminate any grievance that they did not have a reasonable opportunity of submitting the three options. Public notice - Part II of application : (arrears of Tehbazari)

39. As already stated, we have also required a statement from the claimants regarding arrears of tehbazari charges in Part II so that the question of arrears can also be simultaneously decided and so that in case the amount is decided and not paid and the claimant loses his eligibility but to non-payment, the new Committee can proceed to consider if the vacancy so available could be allocated to some other eligible candidate, if any, who did not got any allotment. Cut off date for filing application and further notice of hearing to petitioners or counsel

40. After receipt of the claims which are received on or before the cut-off date indicated in the public notice the nominated authority shall issue notices to the claimants by registered post-A.D. fixing particular dates for hearing. It could also - if it considers it necessary - issue a general public notice through the NDMC that eligible claimant who have lodged their claims, could appear before the nominated authority on or before a particular date, for orally submitting their case.

41. The nominated authority will decide rival options for each place and for the that purpose it may evolve its own procedure consistent with natural justice. On the question of arrears from 1.1.1990 also separate orders will be passed. Hearing will be given to the claimants who could either represent their cases personally or through counsel, Reasoned orders will be passed by the nominated authority and the decisions shall be final and shall not be questioned before any authority, tribunal or court or law or the High Court of Delhi nor in this Court. In other words, as recommended in the Lok Adalat on 19.11.1989. the decision of the authority both on questions of allotment of place and arrears due shall be binding on the claimants and the NDMC as well. Ban on further IAs :

42. We are giving this direction to put a seal of finality to the decisions of the authority so that the problems arising out of this PIL case in respect of the squatters / hawkers which have been pending in this Court since 1989 could come to an end atleast in 1998. Change of trade :

We hereby nominate Sri V.C. Chaturvedi, presently working as Joint Registrar in the High Court of Delhi to undertake the various duties and functions enumerated as above (which are again summarised below) and complete the job, as far as possible, within a period of a 6 months from the date of receipt of this order. We request the High Court of Delhi to spare his services, during the remaining period of his service as Joint Registrar in the Delhi High Court, for the aforesaid purpose. ( We are passing separate orders in connection with his remuneration, in this very SLP.) We direct the NDMC to issue orders directing the Directorate of Estates and the Director of Enforcement to help and implement the decisions or directions or orders of Sri V.C. Chaturvedi. The NDMC is directed to provide a place for the office of Sri V.C. Chaturvedi, clerical staff, stenographer and class IV employees and all other infrastructure required by Sri V.C. Chaturvedi for the purpose of facilitating early disposal of the matters. If any assistance or clarification is required by Sri V.C. Chaturvedi, it shall be open to him to seek appropriate directions from this Court by filling IAs in this SLP, even though this SLP is disposed of. Nobody else will be entitled to file any application or proceedings before any other tribunal, Court of law, High Court or this Court to challenge any orders passed by Sri V.C. Chaturvedi on any ground whatsoever.

43. Summary of procedure to be followed by the Chaturvedi Committee and N.D.M.C.

44. The above summary is in addition to directions contained in the main body of this Judgment. The Civil Appeal stands dispose of.

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