Delhi High Court
Nafisa Begum vs South Delhi Municipal ... on 24 April, 2018
$~1, 4, 15, 17 & 18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 24th April, 2018
1
+ W.P.(C) 1873/2018 & C.M.7782/2018
NAFISA BEGUM ..... Petitioner
versus
SOUTH DELHI MUNICIPAL CORPORATION (SDMC) & ORS
..... Respondents
4
+ W.P.(C) 10206/2017
DWARKA SECTOR 6 VENDORS ASSOCIATION ..... Petitioner
versus
DELHI DEVELOPMENT AUTHORITY AND ANR. ... Respondents
15
+ W.P.(C) 4818/2016, C.M.Nos.20093/2016 & 28458/2016
JANODAYA EKTA SAMITI (REGD.) ..... Petitioner
versus
GOVERMENT OF NCT OF DELHI AND ORS. ..... Respondents
17
+ W.P.(C) 8042/2016, C.M.Nos.33341/2016, 34847/2016, 45806/2016,
36086/2016 & 38104/2016
AJAY MAKEN ..... Petitioner
versus
COMMISSIONER OF POLICE & ORS. ..... Respondents
18
+ W.P.(C) 1711/2017
AJAY MAKEN ..... Petitioner
versus
GOVERNMENT OF NCT OF DELHI ..... Respondent
W.P. (C) No.1873/2018 Page 1 of 5
Present: Mr.Rajat Malhotra and Ms.Veera Mehra, Advocates for the
petitioner in item no.1.
Mr.Ashish Tanwar, Adv. for SDMC/R-1 in item no.1
Mr.Devesh Singh, ASC (Civil), GNCTD/Delhi Police in Items
no.1,15, 17 & 18.
Insp.Pankaj Malik, SHO, Lajpat Nagar and SI Amit Dutt in item
no.17.
Mr.Sumit Singh, Advocate for the petitioner in item no.4.
Mr.Arjun Mahajan, standing counsel with Mr.Suhail Buttan,
Adv. for DDA in item no.4.
Mr.Ramesh Kr.Mishra, Adv. for the petitioner in item no.15.
Ms.Shubhra Parashar and Mr.V.P.S.Charak, Advts. for
SDMC/R-2 in item no.15.
Mr.Mukesh Gupta, standing counsel with Ms.Shashi Gupta,
Adv.for North DMC in item no.15.
Mr.Pravesh Thakur, Adv. for EDMC in item no.15.
Ms.Biji Rajesh, proxy counsel for Mr.Gaurang Kanth, Adv. for
SDMC in item no.17.
Mr.Mudit Gupta, Mr.Aman Panwar and Mr.Sangam Kumar,
Advts. for the petitioner in items no.17 & 18.
Mr.Sriharsha Peechara, and Mr.Mananjay Mishra, Advts. for
NDMC in items no.15, 17 & 18.
Mr.Pravesh Kumar, Adv. for East DMC in item no.15.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G.S.SISTANI, J. (ORAL)
1. All these writ petitions were filed primarily laying challenge to the
Delhi Street Vendors (Protection of Livelihood & Regulation of Street
Vending) Rules, 2016.
2. After much deliberation in Court, it was agreed that the street vendors
would give suggestions to the Delhi Government as the Delhi
Government was already in the process of reframing the Rules. With
the active cooperation of the learned counsels including Mr.Devesh
Singh, Standing Counsel for the Government of NCT of Delhi, most of
the suggestions on behalf of the street vendors were incorporated and
rules were notified on 10.01.2018. Thereafter, all the Corporations
have issued public notices calling upon street vendors to furnish
documents to enable the corporations to prepare the electoral rolls.
3. We may also note that a Writ Petition bearing W.P.(C) 3901/2018 was
filed by two Unions bringing to the notice of the Court the unreasonable
time fixed by the North Delhi Municipal Corporation (10 days) for
submission of documents by the street vendors. Having regard to the
fact that some of the street vendors, who belong to the lower strata of
society, are illiterate and would learn about the public advertisements
through word of mouth, this Court was of the view that 10 days time
was highly insufficient and the North Delhi Municipal Corporation was
directed to give 30 days time to the street vendors to submit their
documents. In the concluding para of the order this Court observed that
the South Delhi Municipal Corporation, the East Delhi Municipal
Corporation and North Delhi Municipal Corporation would also
consider granting of 30 days time to the street vendors to furnish
documents and proper receipts would be issued to the street vendors.
4. We reiterate the request, which we made while disposing of W.P.(C)
3901/2018. Learned counsels, who are present today in Court and are
representing the South Delhi Municipal Corporation and the East Delhi
Municipal Corporation, fairly submit that they would prevail upon the
Corporations to ensure that 30 days time is granted to the street vendors
to furnish documents and render receipts to the street vendors as well.
The assurance which is made in the Court, in our view, will go a long
way into saving cost, Court's time and for achieving the objectives of
the Delhi Street Vendors (Protection of Livelihood & Regulation of
Street Vending) Rules, 2017 and for the formulation of the Town
Vending Committees, which is an urgent requirement.
5. Learned counsels for the parties are in agreement that the W.P.(C)
6622/2015 may be kept pending while the present writ petitions may be
disposed of at this stage as they are not pressing any other challenge in
the present writ petitions as their endeavour is to ensure that the TVCs
should become functional at the earliest. They pray that liberty may be
granted to the petitioners to approach this Court, if necessity so arises.
6. Learned counsel appearing in W.P.(C) 8042/2016 submits that this writ
petition would stand covered by the judgment rendered by this court in
the case of W.P.(C) 2556/2015 titled as Vyapari Kalyan Mandal Main
Pushpa & Another vs. South Delhi Municipal Corporation & others
and no further orders are called for in this writ petition.
7. Mr.Gupta, learned counsel appearing for the North Delhi Municipal
Corporation in W.P.(C) 4818/2016 submits that the inputs given by the
North Delhi Municipal Corporation at the time of reframing of the rules
have not yet been considered by the Delhi Government and for which
they would approach the Delhi Government and pray that a direction be
issued to the Delhi Government to consider their submissions.
8. With the above observations, the writ petitions, as prayed, are disposed
of with liberty as prayed for.
C.M.7782/2018 in W.P.(C) 1873/2018
C.M.Nos.20093/2016 & 28458/2016 in W.P.(C) 4818/2016
C.M.Nos.33341/2016, 34847/2016, 45806/2016, 36086/2016 & 38104/2016
in W.P.(C) 8042/2016
The applications stand disposed of, in view of the order passed in the
writ petitions.
G.S.SISTANI, J
SANGITA DHINGRA SEHGAL, J
APRIL 24, 2018
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