DARSHAN SINGH POPLI & ORS. Vs. DELHI ADMINISTRATION & ORS.
LAWS(SC)-1990-9-91
SUPREME COURT OF INDIA
Decided on September 12,1990

Darshan Singh Popli And Ors. Appellant
VERSUS
Delhi Administration And Ors. Respondents

JUDGEMENT

- (1.)The petitioners are Sikhs victims of 1984 riots as a result of which they became homeless and without any business. They obtained loan from the Bank to enable them to buy Cycle- Rickshaws, and after having purchased the cycle rickshaws they had been plying the same through their servants and agents. Since the Municipal Corporation of Delhi does not permit plying of cycle-rickshaws through servants or agents, the petitioners' cycle-rickshaws were seized and auctioned under the bye-laws of the Corporation. The petitioners thereupon approached this Court for the issue of appropriate order for protection of their interest and also for the restoration of their cycle-rickshaws.
(2.)After hearing learned counsel for the parties, we are of the opinion that in view of the bye-laws of the Municipal Corporation it is not possible to permit the petitioners to get their cycle- rickshaws plied by servants and agents and the same were rightly seized and auctioned, therefore the relief claimed by them cannot be granted. But since the petitioners' cycle rickshaws have been auctioned at a nominal rate, they need help having regard to their plight as victims of 1984 riots.
(3.)Having regard to the special facts and circumstances of the case and specially the fact that the petitioners are riot affected persons, we direct the Municipal Corporation to pay compensation to the petitioners at the rate of Rs.400.00 per cycle-rickshaw. The list of the persons whose cycle-rickshaws have been seized and who are entitled to the benefit of this order is contained in Annexure P-1. We, accordingly, direct the Corporation to pay the aforesaid amount within one month.
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