After ₹1.21 Lakh Mutation Fee Is Deposited, Delhi HC Orders MCD To Hand Over Vendor’s Alternate Tehbazari Stall Within A Month, Subject To TVC-II Plan

The petitioner sought relocation of his tehbazari site at Gandhi Maidan following the MCD’s redevelopment of the area.

In an earlier petition, the MCD had agreed to consider his claim after he produced original documents to establish his identity; the Court disposed of that petition on the basis of the MCD’s undertaking

Discrepancies concerning his father’s name delayed implementation.

By the time of the present petition, the MCD had raised a mutation fee of ₹1,21,000, which the petitioner had deposited, and the name discrepancy had been resolved

The petitioner sought completion of the relocation process and delivery of the alternate site

The MCD stated that it had no impediment to issuing relocation documents, subject to recommendations of TVC-II

The petition was brought under Article 226 of the Constitution of India

The Court applied the terms of its earlier order, which required the MCD to consider the petitioner’s original documents and issue an appropriate communication

It also referred to Ramesh Gupta v. Municipal Corporation of Delhi & Anr., W.P.(C) 9225/2023, whose relocation process had been approved by a Division Bench and later upheld by the Supreme Court.

The judgment does not identify any further statutory provision or legal test.

The Court found that the earlier order contemplated consideration of the petitioner’s claim after verification of his original documents.

The delay had resulted from discrepancies in his father’s name, but those discrepancies had since been resolved, and the mutation fee had been paid

In those circumstances, the Court held that the relocation letter ought to be issued.

It nevertheless preserved the MCD’s ability to condition handover of the site on the final vending-site plan and any recommendations of TVC-II

Handover was made subject to the final vending-site plan and any recommendations of TVC-II.

The petition and pending applications were disposed of