- (1.) Heard learned counsel for the parties.
(2.) These five writ petitions have been filed in relation to the claim and counter claim of allotment of shops in a commercial complex raised by the Muzaffarnagar Development Authority, which was developed in an exigency to remove encroachments over a public drain in a vicinity adjacent to Bhagat Singh Marg in the city of Muzaffarnagar. There were several shop keepers and according to the Muzaffarnagar Development Authority, 30 to 35 of them were unauthorizedly occupying the area of the drainage which was required to be cleaned up in order to maintain the hygiene and environment of the locality, but in order to ensure that such shop-keepers who had been running their business since decades, should also be accommodated, the Development Authority proceeded to raise a commercial complex and allot shops to all such displaced persons by way of rehabilitation. The shop keepers however contend that they were in occupation lawfully under a lease that was executed by the then municipality of Muzaffarnagar, extending over a considerable period of time, and even if, there was any doubt about the existence of the lease on the basis whereof they were claiming occupation, yet with the offer made by the Development Authority, no such dispute now exists about the entitlement of such shop-keepers for getting shops allotted and rehabilitated. To that extent, we do not find any dispute between the petitioners and the Authority.
(3.) It appears that this dispute arose after 1997 when the Development Authority undertook a demolition drive for removing all such shops and also removing such occupants lining the drainage. Also simultaneously proceeding to settle shops. According to the Muzaffarnagar Development Authority in its affidavit, this is a shopping complex Part-II whereabout 294 shops were proposed to be allotted.;