Govt. of India National Commission for Minorities Lok Nayak Bhawan, Khan Market, New Delhi-3 Petitioner: Shri Raisuddin, President, Universal MCD Market, A-13,Phatak Dujana House, Bazar Matia Mahal, Jama Masjid, Delhi-110006. Respondent: Shri S.S. Yadav, Commissioner; Dr. Annapurna Mishra, Mayor; Shri Mehak Singh, Chairman-Standing Committee; Shri Sanjay Jain, Chairman- Ward Committee, E.M.C.D. and Shri P. Kamraj, Joint Commissioner of Police, North-East Delhi. File No. M/DL/33/28/09 The Bench of the NCM consisted of: i. Shri Wajahat Habibullah, Chairman, ii. Shri Vinod Sharma, iii. Shri Keki N. Daruwalla, iv. Shri Ajaib Singh, 2. Joint Secretary and Legal Officer, NCM assisted the bench. Brief record of hearing held in the Conference Room of the National Commission for Minorities held on 25.03.2013 at 11.30 A.M. 3. Present: I. Shri Raisuddin, President, Maulana Nawabuddin Nakshbandi, Sarprasth, Shri Mehboob Alam, Treasurer, Mohammed Aqil, Vice President, Shri Nayab Ali, Secretary, Universal MCD Market, A-13,Phatak Dujana House, Bazar Matia Mahal, Jama Masjid, Delhi-110006. II. Shri Shurbir Singh, Addl. Commissioner, EDMC, Shri Vijay Kumar Bidhuri, Dy. Commissioner Shahdara, North, Delhi III. Shri K.C. Mittal, OSD to Mayor, EDMC IV. Shri Chander Kant, Asstt. Commissioner of Police, Seelampur, and Shri Rajesh Sinha, Insp. PS. Seelampur, Delhi. 3. Dr. Annapurna Mishra, Mayor, EDMC and Shri S.S. Yadav, Commissioner, EDMC sought exemption from personal appearance vide their application dated 25.03.2013. 1
Accepting their submission, the Commission exempted their personal appearance and their representation by Shri K.C. Mittal, OSD to Mayor, EDMC and Shri Shurbir Singh, Addl. Commissioner, EDMC, respectively. 5. Shri Raisuddin, petitioner on behalf of the Universal MCD Market along with three others, submitted that land had been purchased by DDA in 2005 for Rs. 10, 32, 03,382, and was handed over to MCD for the rehabilitation of 302 shopkeepers. Pursuant to the NCM hearing of 23.4.2010, MCD issued auction notice to them and they had participated in the auction for Mandoli land measuring 4000 sq. yards, purchased by DDA, for which a layout plan was prepared by MCD for development of a market. However, the budget prepared for developing the market was not passed by the Ward Committee. Due to this the area assigned in Mandoli was not developed and was not allotted to the shopkeepers. The MCD have collected rent from the shopkeepers for the shops to be allotted in Mandoli, of which receipt was displayed. With reference to a letter dated 26.4.2010 from Shri Karnal Singh JCP (North) Delhi that the problem now stood resolved, petitioner had submitted in the last hearing that there was a move by the Ward Council to shift them to Shastri Park due to pressure from two councilors. The petitioners were however unwilling to move. They moreover submitted that at any rate, the Shastri Park option is now closed, with all plots in that premises standing allotted. The petitioner Raisuddin in the last hearing dated 04.03.2013 submitted that the Asstt. Commissioner, Shahdara (North) Zone vide letter dated 27.04.2011 requested the DCP, North East not to disturb the shopkeepers as the site of tehbazari holders have been allotted on 03.05.2010. In support of his contention, he submitted documents which were taken on record. 6. Shri Shurbir Singh, Addl. Commissioner, EDMC submitted that after the last hearing a site in the Shastri park has been identified by the EDMC for allotment. The EDMC is conscious of the problem faced by these shopkeepers and is willing to hand over possession of this tehbazari site to them at the earliest after taking care of basic amenities. 7. Respondent Shri Vijay Kumar Bidhuri, Deputy Commissioner confirmed that after the hearing dated 04.03.2013 the EDMC has identified an alternative site for relocation 2
of all the 302 Shopkeepers of Universal MCD Market, at Shastri Park and the same would be allotted to the shopkeepers according the Tehbazari policy if they are agreeable. He further submitted that under the Tehbazari policy, permanent structures cannot be allowed. He also submitted that the petitioner be advised to take possession and start work on the semi-permanent structures, while in the meantime basic facilities would be provided. 8. Petitioner Shri Raisuddin submitted that they are agreeable to the new site on EDMC s conditions if the EDMC undertook to provide the basic facilities of electricity, toilet and sanitation as requested vide their letters dated 02.06.2010 and 06.12.2010 respectively (a copy of both letters were taken on record). It was clarified by Respondent Shri Vijay Kumar Bidhuri, Deputy Commissioner that semi-permanent structures will be allowed to be raised by the tehbazari allottees. Shri Raisuddin further pleaded that the police may be asked to be present at the time of handing over the possession of the site to avoid repeat of the situation which had arisen on 08.01.2013. Shri Chander Kant, ACP, Seelampur submitted that they will ensure presence of adequate police personnel in case any such request is received. Discussion: 9. The Commission had in the last hearing asked the Deputy Commissioner, EDMC as to how the Municipal Corporation can pass a resolution for not to allotting land to the shopkeepers when the decision to relocate was that of a unified MCD and DDA has handed over land to MCD in 2005 specifically for relocation of the displaced shopkeepers. The bifurcation of the MCD should not come in the way of the decision already taken by the then unified Municipal Corporation of Delhi. It was also discussed that the relocation of the shopkeeper from Jama Masjid was necessary for decongestion of Delhi. The Orders of the Hon ble apex court in Gainda Ram and Ors. Vs. MCD & Ors [WP (Civils) no. 1699 of 1987], cited by respondent, had been examined. The Commission was of the view that the above said order of the Hon ble Supreme Court has no application in the present case being differentiable inasmuch as in the case in hand the DDA has handed over land to MCD with the specific purpose of relocation of the shopkeepers in 2005, for which the draw of lots has been concluded and allotment has already been made on 03.05.2010, well before the order cited, to these 3
shopkeepers; only the issue of possession of the land has not been concluded. The decision taken on 24.12.2012 is therefore in derogation of the policy decision of the erstwhile MCD. The Commission was of the view that the petitioners have clearly been subjected to harassment over the last eight years. In light of this it was decided to issue summons to Hon ble Mayor of East Delhi, Municipal Corporation, Chairman, Standing Committee, Shri Mehak Singh, Chairman, Ward Committee Shri Sanjay Jain, Commissioner, EDMC and Joint Commissioner of Police, North East, Delhi 10. Consequently, In the present hearing Shri K.C. Mittal, OSD to Mayor, EDMC submitted that EDMC was bound to adhere to the legal position if brought to the attention of Mayor by the Commissioner, EDMC. In light of the consensus arrived at in the hearing, however EDMC was asked to specify how much time it will take for the corporation to provide the facilities at the agreed site, as a time limit has become necessary to ensure that petitioners are not subjected to harassment, of which the National Commission for Minorities has taken note, and not inconvenienced further. The letter of Deputy Commissioner MCD (Shahdara North Zone) No. 536/PA/DC/Shah/North/2010 dated 6.12. 10 addressed to petitioner Shri Raisuddin clearly states that the Corporation has decided to allow construction of semi-permanent structure for the beneficiaries of Tehbazari sites as per schematic design already shown to the Commission. In the proposed semi-permanent structure, the construction of a basement for keeping and securing the tools and other items to be sold by the allottees, and construction of a partition wall along with a temporary shed have also been allowed. EDMC submitted that there are some allottees under the Tehbazari policy already located at the proposed site and some facilities are already available there. EDMC agreed that possession will be handed over, and its efforts will be to start the exercise for provision of basic facilities in tandem. Decision notice: 11. In view of the above the Commission recommends that EDMC commence the process to hand over possession to petitioners in terms of their letters dated 02.06.2010 and 06.12.2010 at the earliest, and, in no event, take longer than three months from the date of receipt of the Decision Notice. It is also advised that the political leadership of EDMC should take expeditious decisions in accordance with the rules. The petitioners were advised to accept the EDMC offer to take immediate possession of the allotted site 4
without waiting for all amenities agreed upon to be in place, so as to mitigate the huge economic loss already suffered. Necessary police support will be provided for the purpose 12. Announced in the hearing. (Wajahat Habibullah) Chairman (Vinod Sharma) (Keki N. Daruwalla) (Ajaib Singh) Authenticated true copy. Additional copies of order shall be supplied on application. Ms. Esther Kar (Jt. Secretary) 5