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, 328, 299-301, 317-23, 339 in WP (C) No. 1699 of 1987, Contempt Petition (C) No. 398 of 1998 in IAs Nos. 245-46 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 Petitions (C) Nos. 370 of 1999 and 72 of 2000 in WP (C) No. 1699 of 1987. D/d. 28.7.2000.

Ramesh Kumar - Applicant

Versus

Municipal Corporation of Delhi and Another - Respondents

Municipalities - Hawkers/Squatters Tehbazari - Identification of Squatting and non squatting zones - Eligibility of squatters - Direction given to place relevant material before the Court.

[Paras 2 to 3]

Cases Referred :-

Durga Prasad v. MCD, IA in WP (C) No. 1699 of 1987.

ORDER

IAs Nos. 332-33 and unnumbered IAs filed by Mr Maninder Singh, Advocate (nine in number)

S.B. Majmudar, J. - Unnumbered IAs are taken on board. These IAs to be numbered by the Registry.

2. Having heard learned counsel for the parties, we direct that respondent MCD through its counsel shall produce the minutes of the meetings held on various dates for various zones wherein relevant sites were identified for squatting. Copies of the minutes will be produced on 4-8-2000 at 2.00 p.m. In the meantime, photocopies of the minutes will also be furnished by learned counsel for MCD to other counsel appearing for the applicants latest by 2-8-2000 so that their response may also be available on the next date of hearing before us.

3. For implementation of the order, learned counsel for MCD states that he will offer one set of photocopies of the minutes to Mr Kashyap, learned counsel on behalf of all applicants. Mr Kashyap has been good enough to say that he will accept the same and will make them available to other respective counsel.

Unregistered IA in WP (C) No. 1699 of 1987 titled Durga Prasad v. MCD.

4. To be placed on 4-8-2000 at 2.00 p.m. before this Bench.

5. In the meantime, learned counsel for MCD will verify the grievance made by the applicants in this IA. This direction will cover the category of cases in which (1) the squatter concerned was found eligible by MCD itself and therefore, he had no cause to go to Mr Chopra till then; and (2) in the final seniority list prepared after Mr Chopra's report was received and a consolidated seniority list was prepared if any grievance survives for the squatter concerned about his seniority.

6. Learned counsel for MCD will take instructions in this connection and give response next week. Unnumbered IAs in these categories will also be placed/stand adjourned to next week.

IAs Nos. 336 and 284 and CP (C) No. 398 of 1998

7. To be placed on 4-8-2000 at 2.00 p.m. before this Bench.

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

8. The contempt petition is disposed of in terms of the signed order.

IAs Nos. 317, 328, 299, 300, 301 and 318-23 in WP (C) No. 1699 of 1987

9. Learned counsel for MCD states, on instructions, that the appropriate identification of squatting sites is already made by the Committee which was directed to be constituted by our earlier order of April 2000 and a decision is rendered on 16-6-2000. He is permitted to produce a copy of this decision of 16-6-2000 along with the affidavit by next week. The affidavit will clearly state as to which part of New Lajpat Rai Market is found to be non-squatting zone. Learned counsel for MCD states that by the next week he will file a complete site plan indicating in green and red colour which are the squatting and non-squatting zones.

Contempt Petition (C) No. 370 of 1999 in WP (C) No. 1699 of 1987

10. To be placed on 4-8-2000 at 2.00 p.m. before this Bench. In the meantime, learned counsel for the petitioner may file documents, if any, showing the exact location near Chunmun Store where he is alleging to squat.

IA No. 339 in WP (C) No. 1699 of 1987

11. At the request of learned counsel for the applicant, adjourned to 4-8-2000 at 2.00 p.m. before this Bench.

Letter dated 7-12-1999 from R.C. Chopra

12. In this letter a request was made for extension of time to file the report. As the report is already filed subsequently, no further orders are required on this letter. It is accordingly disposed of.

Contempt Petition (C) No. 72 of 2000 in WP (C) No. 1699 of 1987

13. At the request of learned counsel for the petitioners adjourned to 4-8-2000 at 2.00 p.m. to enable him to produce relevant documentary evidence to show that 39 applicants were eligible squatters since 1992, for supporting their case as put forward in this contempt petition.

Cases to be listed again.