Delhi High Court
Janodaya Ekta Samiti & Ors vs Govt. Of Nct Of Delhi on 15 December, 2022
Neutral Citation Number: 2022/DHC/005624
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10787/2019 & CM APPL.44553/2019
JANODAYA EKTA SAMITI & ORS ..... Petitioners
Through: Mr. Ramesh Kr. Mishra, Advocate
versus
GOVT. OF NCT OF DELHI ..... Respondent
Through: None
% Date of Decision: 15th December, 2022
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SAURABH BANERJEE
JUDGMENT
MANMOHAN, J:
1. Present writ petition has been filed seeking quashing of the
notification dated 17th September, 2019 constituting Town Vending
Committees (for short 'TVCs') in North Delhi Municipal Corporation
(NDMC), South Delhi Municipal Corporation (SDMC) and East Delhi
Municipal Corporation (EDMC).
2. Learned counsel for the petitioners states that the petitioners herein
are NGOs / Associations of street vendors who are aggrieved by their
removal from the membership of TVCs as non-government organization
members or Associations of Street Vendor Members. He states that the
petitioners were nominated as members of the various TVCs constituted by
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:17.12.2022
13:46:27
Neutral Citation Number: 2022/DHC/005624
the Government of NCT of Delhi under the provisions of Street Vendors Act
(Protection of Livelihood and Regulation of Street Vending) Act, 2014 vide
notification dated 14th September, 2018. He contends that the constitution of
the TVCs was for the purpose of the survey and identification of the street
vendors, which was to be done in six months as per Rule 13 of Delhi Street
Vendors (Protection of Livelihood and Regulation of Street Vending) Rules,
2017. He, however, states that no survey of the street vendors was carried
out by the said Committees.
3. He further states that vide another notification dated 17th September,
2019, the TVCs were reconstituted and the petitioners were removed from
their membership without giving any reason or any notice or any
opportunity of hearing to the petitioners.
4. Learned counsel for the petitioner submits that the petitioners could
not have been removed without following the procedure prescribed in Rule
16 of the Delhi Street Vendors (Protection of Livelihood and Regulation of
Street Vending) Rules, 2017.
5. This Court is of the view that the petitioners have only a right to be
considered for nomination to the TVCs, but they have no legal or vested
right to be nominated as members of TVCs.
6. Further having been nominated once to the TVCs would not mean
that the petitioners have a fundamental or legal right to continue to be re-
nominated as members of the TVCs in perpetuity. The Government is well
within its right to re-constitute TVCs. The tendency to get nomination
through Court proceeding needs to be and is depreciated.
7. In the opinion of this Court, Rule 16 of the Delhi Street Vendors
(Protection of Livelihood and Regulation of Street Vending) Rules, 2017 has
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:17.12.2022
13:46:27
Neutral Citation Number: 2022/DHC/005624
no application to the facts of the present case as the TVCs have been
reconstituted. It is not a case of removal of members from the TVC.
8. Further this Court during the course of the hearing had repeatedly
asked the counsel for the petitioners as to whether the petitioners had cleared
any examination or had been awarded for any pioneering / exemplary work
or had been given any reasons for initial nomination or opportunity of
hearing before being nominated to the TVCs. He only states that the
petitioners had been nominated to the previous TVCs. The reasons for initial
nomination of the petitioners to the TVCs is not apparent from the writ
petition.
9. There is also no allegation in the writ petition that the newly
nominated members are either not qualified or have been appointed for
extraneous reasons. There is no allegation of bias against any particular
official. In fact, none of the newly nominated members to the TVCs have
been arrayed as respondents to the present writ petition.
10. Consequently, the present writ petition and pending application being
bereft of merit are dismissed with cost of Rs.10,000/- to be paid to Delhi
High Court Legal Services Committee.
MANMOHAN, J
SAURABH BANERJEE, J
DECEMBER 15, 2022
AS
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:17.12.2022
13:46:27
