Devender Kumar Tewatia vs Smt. G. Anupama, IAS

Surya Kant, J.—The petitioner was awarded the contract of cycle parking at Faridabad bus-stand in open auction, being the highest bidder. Alleging that some inhabitants of the nearby houses were allowing unauthorized cycle parking on payment, thereby adversely affecting his business, he filed CWP No. 18612 of 2005 for issuance of a direction to the Municipal and Police authorities to take action against the persons using their residential premises for unauthorized purpose of cycle parking. The writ petition was disposed of on 29.11.2005 with a direction to the authorities to consider the petitioner''s representation and dispose of the same expeditiously but not later than one month.

Alleging inaction on the part of the respondents, this contempt petition has been filed.

In response to the show cause notice, Smt. G. Anupama, IAS, Deputy Commissioner, Faridabad has filed an affidavit dated 7.8.2006, which is taken on record. In the affidavit, she has explained various steps taken by the authorities in order to ensure that the nearby residential premises are not misused by using as cycle/motor cycle parking. In this regard, a speaking order dated 26.7.2006 (Annexure R-5) has also been passed. The spot has been inspected by the Joint Commissioner, Faridabad Municipal Corporation, who also submitted his report, Annexure R-4. It, thus, appears that the respondents are conscious of their responsibility to ensure that the residential premises adjoining and/or nearby area of the bus-stand are not to be misused.

Be that as it may, having regard to the fact that petitioner, who is stated to be the highest bidder in the auction and has paid a substantial amount for obtaining the contract, should not be allowed to suffer on account of illegal activities of the persons in the neighbourhood. Consequently, this petition is disposed of with a direction to the Deputy Commissioner, Faridabad as well as the police and municipal authorities to continue to take necessary steps and monitor the same in order to ensure that the residential areas in the locality in question are not misused for any purpose.