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Judgment
Writ petitioner 1, which is a limited company, is engaged in the business of storage of lubricant oils and greases at a premises situated at Shakur Basti, New Delhi. It was asked by the Municipal Corporation of Delhi to shift its premises, the trade undertaken by the petitioner being dangerous to mankind living around. A prosecution was also ordered against the petitioner and its officers. It is at that stage that the petitioner approached this court to prevent that move way back in 1983.
The first claim of the petitioner was that it could move out, should the Delhi Development Authority be in a position to allot an alternate site or to give the petitioner some sort of rehabilitation. We explored the possibility of such a step with the aid of the learned counsel for the Delhi Development Authority. Nothing fruitful seems to be emerging therefrom as the Delhi Development Authority has expressed its inability to allot an alternative site to the petitioner or fit it in some grouping which stands accommodated already. Thus the petitioner is left to fend for itself. We on our part are not inclined to go into the merits of the order whereby the petitioner has been asked to stop its business and move out, or on the order of prosecution. We would rather dispose of this petition leaving the petitioner to work out his rights as available in the ordinary course. However, we make it clear that should the petitioner on his own move out within three months to an alternative site, the prosecution initiated by the Municipal Corporation of Delhi shall not be pursued, whatever be its merit. We also make it clear that the petitioner has yet a remedy to persuade the authorities concerned from desisting and asking it to move out. With these directions, the writ petitions stand disposed of. No costs.