GAINDA RAM AND ORS. ETC. versus M.C.D. TOWN HALL AND ORS. ETC.

GAINDA RAM AND ORS. ETC. versus M.C.D. TOWN HALL AND ORS. ETC.

The directions issued previously in Saudan Singh are clarified: all squatters/hawkers found squatting between 1970 and 1982 are to be treated as a single category and are eligible for grant of tehbazari permission subject to seniority; prior covered tehbazari cannot be altered; those unable to furnish receipts may pay Rs.3000 in instalments; an extension is granted for filing claims in cases pending as of 13 March 1992; claims outside the four categories have no entitlement; pending litigations on this subject are to be terminated.

Parties
Petitioner: Gainda Ram and Ors. etc.; Respondent: M.C.D. Town Hall and Ors. etc.
Jurisdiction
India
Judgment Date
12 May 1993
Procedural Posture
Writ Petition (civil) / Disposition With Further Directions and Clarifications
Outcome
Petitions disposed; all pending related litigations terminated; no order as to costs.
Legal Topics
Squatters/hawkers, Tehbazari Permission, Municipal Regulation
Constitutional Law Administrative Law Squatters/hawkers Tehbazari Permission Municipal Regulation

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Parties

Gainda Ram and Ors. etc.

Petitioner

M.C.D. Town Hall and Ors. etc.

Respondent

Procedural Posture

Writ Petition (civil) / Disposition With Further Directions and Clarifications

Legal Issues

  1. 1 Entitlement and procedure for grant of tehbazari permission to squatters/hawkers by MCD
  2. 2 Clarification of scheme evolved pursuant to Supreme Court directions
  3. 3 Validity of sub-classification within the category of squatters/hawkers

Ratio Decidendi

The directions issued previously in Saudan Singh are clarified: all squatters/hawkers found squatting between 1970 and 1982 are to be treated as a single category and are eligible for grant of tehbazari permission subject to seniority; prior covered tehbazari cannot be altered; those unable to furnish receipts may pay Rs.3000 in instalments; an extension is granted for filing claims in cases pending as of 13 March 1992; claims outside the four categories have no entitlement; pending litigations on this subject are to be terminated.

Court Disposition

Petitions disposed; all pending related litigations terminated; no order as to costs.

Orders

  • Extension of one month granted for claimants with cases pending as of 13 March 1992 to file claims with M.C.D. Committee.
  • M.C.D. directed to complete verification of claims within four months.