HC restrains DMRC from evicting shopkeepers
After being given possession of the land around August last year, the DMRC asked the shop owners to vacate the premises by September 30.india Updated: Jun 02, 2006 22:22 IST
In a major relief to about 300 furniture shop owners on the Panchkuian Road who were facing eviction under the Metro Rail project expansion project, the Delhi High Court on Friday restrained the Delhi Metro Rail Corporation from evicting them from the place.
Disposing of a petition filed by the Panchukuian Road Refugee Vyapari Sangh, Justice Vikramjit Sen, observed, that the MCD had not followed the due process of law while cancelling the 'tehbazari' (temporary license) of the shop keepers and handing over the land to the DMRC.
After being given possession of the land around August last year, the DMRC asked the shop owners to vacate the premises by September 30.
The DMRC sought eviction of the shop owners on the plea of widening the road and setting up sidewalks for facilitating the construction of the Line 3 Barakhamba Road-Dwaraka Line.
It offered the shopkeepers an alternative site at Bhai Veer Sing Marg.
However, the affected shopkeepers who have set up their shops since 1949 rejected the offer on the ground that the MCD had no right to cancel their lease rights, much less allotting the land to the DMRC.
The shopkeepers filed a petition in the High Court challenging the DMRC decision saying the eviction and the relocation move would adversely affect their business and render over 1.5 lakh employees jobless.
Justice Sen agreeing with the views of the petitioner observed that neither the DMRC nor the MCD had any right to arbitrarily evict the shopkeepers without observing the due process of law.