Delhi High Court
Sandeep Khurana vs Commissioner Mcd And Ors on 22 March, 2012
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 842/2011 and CMs 1765, 9333/2011, 3350/2012
+ W.P.(C) 848/2011 and CMs 1778, 9332/2011
+ W.P.(C) 948/2011 and CMs 1983, 9336/2011
+ W.P.(C) 949/2011 and CMs 1985, 9334/2011
+ W.P.(C) 954/2011 and CMs 1992, 9285/2011
+ W.P.(C) 955/2011 and CMs 1994/2011
Decided on: 22.03.2012
IN THE MATTER OF
SANDEEP KHURANA ..... Petitioner in W.P.(C) 842/2011
SANDEEP GULATI ..... Petitioner in W.P.(C) 848/2011
DARSHAN NAGPAL ..... Petitioner in W.P.(C) 948/2011
HARISH KUMAR WASAON ..... Petitioner in W.P.(C) 949/2011
SHIV KUMAR ..... Petitioner in W.P.(C) 954/2011
PANKAJ MALHOTRA ..... Petitioner in W.P.(C) 955/2011
Through: Mr. Manjit Singh Ahluwalia, Advocate
versus
COMMISSIONER MCD AND ORS ..... Respondents
Through: Ms. Shyel Trehan, Advocate for R-1/MCD.
Ms. Neha Kapoor, Advocate for R-2 to R-4/Traffic
Police.
Ms. Sangeeta Chandra, Advocate for R-5/DDA with
Ms. Manisha Gupta, Sr. Arch. UPW and Dwarka and
Mr. K.C. Surender, Dy. Director (CE).
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (ORAL)
1. CM 3350/2012 has been filed by the petitioners praying inter
alia for directions to respondent No.5/DDA to comply with the order dated
03.02.2012 and hand over the sites as communicated by them to DDA.
2. Counsel for respondent No.5/DDA confirms the fact that the
petitioners had duly exercised their options in terms of the order dated
03.02.2012 and had communicated the same to DDA on 16.02.2012. She
states that thereafter, respondent No.5/DDA had held a joint meeting on
23.02.2012 with various authorities to formulate a common guideline for the
implementation of a single window system for the issuance of licenses to
catering vans/chef carts in the National Capital Territory of Delhi, whereafter
the minutes of the meeting were drawn on 14.03.2012 and the minutes of
the meeting alongwith the draft guidelines have recently been circulated to
the authorities for their perusal and response. She states that as the
aforesaid exercise required to be undertaken by respondent No.5/DDA took
sometime, a letter could be dispatched to respondent No.1/MCD as recently
as on 16.03.2012, informing the civic authority that the licenses for mobile
catering vans/chef carts in Dwarka area would be granted by the MCD and
further, the representation dated 16.02.2012 addressed by the petitioners to
the DDA alongwith 10 site plans, was forwarded to the MCD for it to allocate
the sites as opted for by the petitioners.
3. Counsel for respondent No.1/MCD submits that the aforesaid
letter dated 16.03.2012 has been received in the office of MCD only on
19.03.2012 and some time would be required by the MCD to peruse the said
documents for issuance of licenses to the petitioners as per their options in
accordance with the rules, which includes obtaining of NOCs from
respondents No.2 to 4/Traffic Police. She assures the Court that the entire
process shall be completed within a period of two weeks from the date of
obtaining NOCs from the traffic police. Counsel for respondents No.2 to 4
states that there shall be no delay on the part of the Traffic Police in
responding to the request received from MCD.
4. As counsel for the petitioners points out that two of the sites
identified by DDA in the site plan are at a very short distance from the toilet
blocks situated there and therefore not conducive to parking a catering van
there, counsel for respondent No.5/DDA assures the Court that the two sites
designated in such places shall be relocated at a reasonable distance away
from the toilet blocks for the convenience of the public at large and that the
exact location shall be communicated directly to respondent No.1/MCD
within one week. Respondent No.1/MCD shall thereafter issue licenses
within a period of two weeks from the date of receipt of the aforesaid
communication from respondent No.5/DDA and upon getting clearance from
the Traffic Police.
5. The aforesaid submissions made on behalf of respondnet
No.1/MCD and respondent No.5/DDA adequately address the grievances
raised by the petitioners in the present petitions and the petitions are,
therefore, disposed of alongwith all the pending applications. However,
having regard to the series of directions issued to the
respondents/authorities on 03.02.2012 for compliance, it is deemed
expedient to monitor implementation thereof for some time.
Respondents/authorities shall file affidavits in terms of the joint meeting
held on 23.02.2012, for formulating a common guideline for the
implementation of a single window system for the issuance of licenses to
catering vans/chef carts in the National Capital Territory of Delhi.
6. As counsel for respondent No.5/DDA submits that despite notice
issued to the Land & Development Officer, Ministry of Urban Development,
Govt. of NCT of Delhi, the said Department was not represented in the
meeting held on 23.02.2012, it is deemed appropriate to issue notice to the
Land & Development Officer, Ministry of Urban Development, Govt. of NCT of
Delhi, for appearance through counsel on the next date of hearing. A copy
of this order be given dasti to the counsel for respondent No.5/DDA for
communicating the same to the L&DO directly and to the nominated counsel,
L&DO for appearing on the next date of hearing with necessary instructions
in terms of the order dated 03.02.2012 and with an explanation for
remaining absent in the meeting convened by the Vice Chairman, DDA on
23.02.2012, despite written intimation thereof.
7. While filing their affidavits, all the departments shall set out the
action taken by them in terms of the directions issued on 03.02.2012 and
the steps initiated for displaying on their websites the details of the areas in
their jurisdiction and the designated sites for parking of catering vans/chef
carts, for future purposes.
8. Counsel for the petitioners states that the Govt. of NCT of Delhi
has drafted the Delhi Street Vendors (Protection of Livelihood and
Regulations of Street Vendors) Bill, 2011, which is under active
consideration of the concerned Department. Counsel for respondents No.2
to 4/Traffic Police, who is present in Court, is directed to enter appearance
for Govt. of NCT of Delhi and obtain instructions from the government in this
regard, so that, if the policy guidelines being framed are to be modified or
any other relevant conditions are required to be incorporated therein, the
same be incorporated on a one time basis. An affidavit shall also be filed by
the Govt. of NCT of Delhi as to the status and scope of the aforesaid Bill.
A copy of the minutes of the meeting dated 23.02.2012 be furnished
to Mr. Manjit Singh Ahluwalia, Advocate, who is appointed as Amicus Curiae
to assist the Court in the matter.
List on 30th April, 2012 in the category of 'Directions'.
(HIMA KOHLI)
MARCH 22, 2012 JUDGE
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