- (1.) This Court by its orders dated 28-7-2000, Ramesh Kumar v. MCD,2009 17 SCC 594, had directed MCD to produce minutes of the meetings held by MCD with the various associations of hawkers and shopkeepers and departments of the Government such as the traffic police for identifying the squatting and non-squatting zones.
(2.) We called for the minutes for the examination of the same by the learned counsel for the petitioner inasmuch as it was challenged that the notices were not given to the associations of the squatters. On the last occasion, it was pointed out to the counsel that representatives of the squatters' associations were served and some of them did participate at the meetings and that the minutes reflect their participation.
(3.) So far as the identification of squatting and non-squatting zones is concerned, it is an administrative function of MCD which is done by taking into account various factors, namely, public interest depending mainly upon the congestion in the area and public safety which are the main considerations for any Government. No challenge to such identification of squatting and non-squatting zones can be permitted under any circumstance when the administrative authority has taken all factors into account. We are not sitting in appeal against any decision made by the administrative authority. We therefore do not permit any challenge to the identification of the squatting and non-squatting zones and to the map as prepared by MCD showing green and red as squatting and non-squatting areas. The same shall be treated as final and shall not be allowed to be questioned.;