Delhi High Court
Subhash Chand vs New Delhi Municipal Council & Anr. on 17 June, 2022
$~9 to 13 & 15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 17th June, 2022
9
+ W.P.(C) 9523/2022
RAVINDER KUL ..... Petitioner
Through: Mr. Dharmender Sharma and
Mr. Bharat Aggarwal, Advocates.
versus
NEW DELHI MUNICIPAL COUNCIL & ANR...... Respondents
Through: Mr. Sri Harsha Peechara, Addl.
Standing Counsel for R-1.
Mr. Arun Panwar, Advocate for R-2.
10
+ W.P.(C) 9524/2022
PANKAJ PANDEY ..... Petitioner
Through: Mr. Dharmender Sharma and
Mr. Bharat Aggarwal, Advocates.
versus
NEW DELHI MUNICIPAL COUNCIL & ANR...... Respondents
Through: Mr. Sri Harsha Peechara, Addl.
Standing Counsel for R-1.
Mr. Arun Panwar, Advocate for R-2.
11
+ W.P.(C) 9525/2022
GULSHAN KUMAR ..... Petitioner
Through: Mr. Dharmender Sharma and
Mr. Bharat Aggarwal, Advocates.
versus
W.P.(C) 9523/2022 and connected matters Page 1 of 5
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:18.06.2022
17:25:34
NEW DELHI MUNICIPAL COUNCIL & ANR...... Respondents
Through: Mr. Sri Harsha Peechara, Addl.
Standing Counsel for R-1.
Mr. Arun Panwar, Advocate for R-2.
12
+ W.P.(C) 9526/2022
SURENDER KHURANA ..... Petitioner
Through: Mr. Dharmender Sharma and
Mr. Bharat Aggarwal, Advocates.
versus
NEW DELHI MUNICIPAL COUNCIL & ANR...... Respondents
Through: Mr. Sri Harsha Peechara, Addl.
Standing Counsel for R-1.
Mr. Arun Panwar, Advocate for R-2.
13
+ W.P.(C) 9527/2022
ASHOK KUMAR ..... Petitioner
Through: Mr. Dharmender Sharma and
Mr. Bharat Aggarwal, Advocates.
versus
NEW DELHI MUNICIPAL COUNCIL & ANR...... Respondents
Through: Mr. Sri Harsha Peechara, Addl.
Standing Counsel for R-1.
Mr. Arun Panwar, Advocate for R-2.
15
+ W.P.(C) 9547/2022
SUBHASH CHAND ..... Petitioner
Through: Mr. Dharmender Sharma and
Mr. Bharat Aggarwal, Advocates.
versus
NEW DELHI MUNICIPAL COUNCIL & ANR...... Respondents
Through: Mr. Sri Harsha Peechara, Addl.
Standing Counsel for R-1.
W.P.(C) 9523/2022 and connected matters Page 2 of 5
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:18.06.2022
17:25:34
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
JUDGMENT
JYOTI SINGH, J. (ORAL)
CM APPL. 28445/2022 & 28446/2022 (exemptions) in W.P.(C) 9523/2022
CM APPL. 28447/2022 & 28448/2022 (exemptions) in W.P.(C) 9524/2022
CM APPL. 28449/2022 & 28450/2022 (exemptions) in W.P.(C) 9525/2022
CM APPL. 28451/2022 & 28452/2022 (exemptions) in W.P.(C) 9526/2022
CM APPL. 28456/2022 & 28457/2022 (exemptions) in W.P.(C) 9527/2022
CM APPL. 28498/2022 & 28499/2022 (exemptions) in W.P.(C) 9547/2022
1. Allowed, subject to all just exceptions.
2. Applications stand disposed of.
W.P.(C) 9523/2022, W.P.(C) 9524/2022, W.P.(C) 9525/2022,
W.P.(C) 9526/2022, W.P.(C) 9527/2022 and W.P.(C) 9547/2022
3. Present petitions raise common questions of law and are being
decided by a common order.
4. These writ petitions have been filed seeking directions to Respondents
No. 1 and 2 to allow the Petitioners to operate at their respective vending
sites, the details of which have been mentioned in the writ petitions, till the
final decision of the Town Vending Committee ('TVC'), after completion of
the survey.
5. As per the case set out in the writ petitions, Petitioners are stated to be
vending at their respective sites for the last several years and had applied
under the Urban Street Vendor Scheme, 2007 for Tehbazari and claim to be
part of the eligibility list of 628 vendors.
6. It is contended by learned counsel for the Petitioners that in the year
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:18.06.2022
17:25:34
2018, a survey was conducted by the TVC at the present vending sites and
the Petitioners were issued acknowledgement slips recognizing their
presence. As per Section 3(3) of the Street Vendors Act, 2014, no street
vendor shall be evicted or, as the case may be, relocated till the survey
specified under Section 3(1) has been completed and certificate of vending
is issued to all the street vendors. However, contrary thereto, Respondents
are illegally and arbitrarily removing the Petitioners from their vending sites,
leaving no option to the Petitioners but to approach this Court. In a similar
matter bearing W.P.(C) No. 9289/2022, a Division Bench of this Court, vide
order dated 03.06.2022, has given a direction to the Respondents to allow
the vendor therein to continue at his current vending site.
7. Mr. Peechara, learned Additional Standing counsel appearing on
behalf of Respondent No. 1/NDMC, while denying the averments and
allegations made in the writ petitions, submits that the Petitioners have
approached this Court without even making a representation to Respondent
No.1.
8. Learned counsel for the Petitioners, at this stage, submits that
representation(s) shall be made to Respondent No.1 raising their grievances
within a period of one week from today and further prays that directions be
issued to Respondent No.1 to decide the same expeditiously considering the
nature of relief sought.
9. Accordingly, the present writ petitions are disposed of, granting
liberty to the Petitioners to make representation(s) to NDMC, within a
period of one week from today.
10. The representation(s) shall be decided by NDMC within a period of
two weeks from the date of their receipt.
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:18.06.2022
17:25:34
11. Needless to state that the representation(s) will be decided in
accordance with law and policies in question and a detailed and speaking
order shall be passed thereon.
12. In case the Petitioners are aggrieved by the order(s) so passed, they
will be at liberty to resort to appropriate remedies, available to them, in
accordance with law.
JYOTI SINGH, J
(VACATION JUDGE)
ANOOP KUMAR MENDIRATTA, J
(VACATION JUDGE)
JUNE 17, 2022/sn
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:18.06.2022
17:25:34
