Delhi High Court
Radha Devi vs Government Of National Capital ... on 28 July, 2020
$~3.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 28th July, 2020
+ W.P.(C) 4609/2020
RADHA DEVI ..... Petitioner
Through: Mr.Amit Chauhan, Adv.
Versus
GOVERNMENT OF NATIONAL CAPITAL
TERRITORY OF DELHI, THROUGH:
ITS PRINCIPAL SECRETARY & ORS. ..... Respondents
Through: Mr.Anjum Javed, ASC for R-1,4&5.
Ms.Puja Kalra, Adv. for SDMC.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
: D. N. Patel, Chief Justice (Oral)
Proceedings in the matter have been conducted through video
conferencing.
C.Ms.No.16666-67/2020 (exemptions)
Exemptions allowed, subject to all just exceptions.
The applications are disposed of.
W.P.(C) No.4609/2020 & C.M.No.16665/2020 (stay)
1. This public interest litigation has been preferred with the following
prayers:-
"I. That the Petitioner be allowed to represent the residents
of the Main Sagarpur, Delhi for this public cause and interest
and prefer the present petition as Public Interest Litigation in
the interest of justice and equity.
Signature Not Verified
Digitally Signed By:JUSTICE D
N PATEL
Location:
Signing Date:28.07.2020
19:48:50
II. That after kind perusal of the facts and circumstances.
This Hon'ble may be pleased to grant the following relief(s):-
a. To issue an appropriate writ, order or direction, directing
the Respondents to immediately take the necessary action
against the wrong-doers and ensure that the running of
illegal vegetables and fruits markets by the hawkers in
the non-hawking zone i.e. in the residential area of Main
Sagarpur, Delhi be banned/stopped forthwith and all the
hawker's shops operational in Main Sagarpur residential
area be removed forthwith.
b. To issue an appropriate writ, order or direction, directing
the Respondents to take stern action against the officials
of their concerned Departments who are indulged in this
bad practices and letting the illegal act happen under their
noses.
c. To issue an appropriate writ, order or direction, directing
the Respondent No.1 - the Government of NCT of Delhi
to set up an alternative monitoring Committee to ensure
that such illegal act is not repeated in the future.
d. Pass any other appropriate writ, order or direction to
which this Hon'ble Court may deem fit and proper in the
facts and circumstances of the present case.
III. It is further prayed before this Hon'ble Court that if this
Hon'ble Court is not pleased to entertain the present
Public Interest Litigation in this form than considering
the seriousness of the matter in view of the evidences
supplied in support, this Hon'ble Court may kindly take
suo moto necessary actions."
2. Learned counsel appearing for the petitioner submitted that it will
suffice for the disposal of the writ petition, if the concerned respondent
authorities are directed to dispose of the representation preferred by the
Signature Not Verified
Digitally Signed By:JUSTICE D
N PATEL
Location:
Signing Date:28.07.2020
19:48:50
petitioner.
3. We, accordingly, direct that the representation dated 23rd June, 2020
preferred by the petitioner which is at Annexure P-3 of the memo of this
writ petition, be decided by the concerned respondent authorities in
accordance with law, rules, regulations and Government policies applicable
to the facts of the present case, as expeditiously as possible and practicable.
4. With these observations, this writ petition is disposed of along with
the pending application.
CHIEF JUSTICE
PRATEEK JALAN, J
JULY 28, 2020
'anb'
Signature Not Verified
Digitally Signed By:JUSTICE D
N PATEL
Location:
Signing Date:28.07.2020
19:48:50
