Delhi High Court
Smt. Kamlesh And Kamla vs S.D.M.C And Anr. on 13 December, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 13th December, 2017
+ W.P.(C) 9818/2017, CM No. 39973/2017
SMT. KAMLESH AND KAMLA
..... Petitioner
Through: Mr. Awijit Paliwal, Adv.
versus
S.D.M.C AND ANR. ..... Respondents
Through: Mr. Sri Harsha Peechara, Adv. for
SDMC with Ms. Vidhi Jain, Adv.
Ms. Sweety Singh, Adv. for GNCTD
with S.I. Satender and P.S. Kalkaji
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MR. JUSTICE V. KAMESWAR RAO
G.S.SISTANI, J. (ORAL)
1. Counsel for the petitioner submits that the petitioner has
been squatting in the Nehru Place Area for the past two decades. It
is further submitted that the case of the petitioner would be covered
by the stand taken by the SDMC and as reflected in the order dated
19th September, 2017 passed in the W.P.(C) 6823/2017.
2. Learned counsel for the respondents submit on instructions
that the case of the petitioner would also be covered by the stand
taken by the SDMC, subject to the petitioner fulfilling the terms as
imposed and reflected in the aforesaid order.
3. The following conditions were agreed upon as reflected in
the order dated 19th September, 2017 in W.P.(C) 6823/2017:
"The matter has been adjourned from time to time. As a
purely interim measure, or till such time the order is
modified at the instance of either of the parties, 23
petitioners would be permitted to vend, subject to the
conditions imposed and as agreed as under:
"1. The petitioners will vend from the site at Nehru
Place Complex at the place shown in the site plan on
record.
2. The petitioners will restrict the occupied hawking
area of their vending to a measurement of 6 ftx4 ft only.
3. The petitioners will not have more than one
temporary helper on any given day to assist them in
arranging the goods or for keeping an eye to prevent
pilferage and stealing incidents.
4. The petitioners will not permit any other third person
to vend at the site in question.
5. The petitioners will not sublet or part with possession
of their hawking sites or create any third party interest
therein, in any manner whatsoever.
6. The petitioners will not build a pucca structure and
the hawking will be carried out in an organized manner
and they will maintain peace and harmony.
7. The nature of their hawking will be without prejudice
to the contentions of SDMC and that their hawking
activities will be from 10:30 AM to 5:30 PM and they
shall remove all their belongings after 5:30PM.
8. In case the petitioners violate the aforesaid terms, the
SDMC will be at liberty to remove them from the site of
temporary squatting without any notice.
We may note that a proposed affidavit was provided by
the petitioners to the respondents. After deliberations,
the aforesaid terms have been agreed upon, which we
have extracted in this order. It is also agreed that each
petitioner will file an affidavit within ten days from
today on the above lines. In case the affidavit is not
filed, the order would not apply to the said petitioner(s).
As agreed, on the petitioners filing the affidavits, they
would be allowed to vend at the site shown in the site
plan (page 90 of the petition), subject to minor
variations."
4. Accordingly, upon the petitioner fulfilling the aforesaid
conditions, the petitioner would be allowed to vend within three
days thereafter.
5. As prayed the present writ petition is disposed of. Counsel
for the petitioner submits that he would remain bound by the final
decision taken in the case of Premvati and Ors. (supra).
Dasti.
CM No. 39973/2017
The application is disposed of in view of the order passed in
the writ petition.
G.S.SISTANI, J
V. KAMESWAR RAO, J
DECEMBER 13, 2017/aky
