TELU RAM Vs. CHAIRPERSON NDMC

JUDGEMENT

(1.) The petitioner challenges the action of the respondents which is proposed to be taken for demolition/removal of the shop at 160, Jhuggi Camp, Laxmi Bai Nagar, New Delhi which had been erected by the petitioner.

(2.) The petitioner claims to be in possession of the aforesaid shop since 1971. A suit was filed by the petitioner in 1986 praying permanent injunction restraining the respondent from demolishing the said shop. The suit was withdrawn on a statement of the respondents that they had no intention to demolish the structure. Thereafter a suit was filed in 1999 for permanent injunction when respondents/NDMC started construction of boundary wall. The petitioner was not granted any site. Thereafter the petitioner withdrew the suit and filed the present writ petition.

(3.) The petitioner was served with a notice calling upon him to remove the unauthorised structure. The petitioner did not respond to the said notice and rushed to this court for relief. The occupation of the petitioner is of a trespasser/encrocher upon the public land. The petitioner admits that he does not have any valid title or interest in the said property, but claim to be in possession for a long period. The petitioner is not entitled to grant of any relief.