Delhi High Court
Delhi Pradesh Rehri Patri Khomcha ... vs Govt Of Nct Of Delhi on 16 August, 2023
$~S-26
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 16.08.2023
W.P.(C) 8155/2023
DELHI PRADESH REHRI PATRI KHOMCHA HAWKERS
UNION & Ors. ..... Petitioners
Versus
GOVT OF NCT OF DELHI & Ors. .... Respondents
Advocates who appeared in this case:
For the Petitioner : Ms. Shobha Gupta and Mr. Aditya Ranjan, Advocates
For the Respondent: Mr. Divya Prakash Pande, Standing Counsel for R-2 to
R-4/MCD.
Inspector Amarjeet Singh, P.S.: Nizamuddin, for R-5 &
R-6/SHO.
Mr. Ajay Verma, Senior Advocate for R-7
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE ANISH DAYAL
JUDGMENT
Signature Not Verified
By:AANCHAL TAGGAR
Signing Date:23.08.2023
16:40:58
SIDDHARTH MRIDUL, J. (OPEN COURT)
CM APPL. 39692/2023 (for impleadment)
The present application under Section 151 of the Code of Civil
Procedure (CPC), 1908, read with Order 1 Rule 10 of the CPC, 1908,
has been instituted, on behalf of the applicants/petitioners, praying as
follows:
a) "allow the present application for
impleadment of proposed respondent
no. 7 in the array of parties; and
/or,
b) Pass such other order or orders
which this Hon'ble Court may
deem fit and proper in the interest
of justice."
Mr. Ajay Verma, learned senior counsel appearing on behalf of the
Nizamuddin Markaz Mosque, the proposed respondent herein, on
instructions states that without prejudice to the rights and contentions of
the parties, they do not oppose the prayer of being impleaded as a
respondent to the present writ petition.
Accordingly, Nizamuddin Markaz Mosque is impleaded as
Respondent No.7 in the present writ petition.
The amended memo of parties be filed within a period of two days
and the same be taken on record.
Signature Not Verified
By:AANCHAL TAGGAR
Signing Date:23.08.2023
16:40:58
In view of the foregoing, the present application is allowed; and
disposed of accordingly.
W.P.(C) 8155/2023 & CM APPL. 39690/2023 (for direction and
interim relief)
1. The present writ petition under Article 226 of the Constitution of
India, 1950 read with Section 151 of Code of Civil Procedure (CPC),
1908, has been instituted by the petitioners herein, praying as follows:
a) "Allow the present writ petition by issuing
a writ of mandamus or any other appropriate
writ, order or direction, directing the respondents
not to illegally and/or forcibly dispossess the
petitioners no. 2-46 from their vending sites at
Ward No. S-55, Central Zone, near Hazrat
Nizamuddin Dargah, New Delhi; and/ or,
b) Issue an appropriate writ, order or
direction, directing the respondents to take action
upon the representation/complaints made by the
petitioners; and/ or,
c) Issue a writ of mandamus or any other
appropriate writ, order or direction, directing the
respondent no. 3 & 4 to conduct survey in
respect to the petitioners no. 4, 6, 8, 13, 19, 21,
29, 32, 33, 38, 40 & 46 and issue them also the
vending certificates in compliance of provisions
of the Street Vendors (Protection of Livelihood
and Regulation of Street Vending) Act, 2014;
and/ or,
d) Pass such other order(s) this Hon'ble Court
may deem fit and appropriate in the facts and
circumstances of the present case."
Signature Not Verified
By:AANCHAL TAGGAR
Signing Date:23.08.2023
16:40:58
2. At the outset, although the pleadings in the present writ petition
and the accompanying applications are not complete, with the consent of
the learned counsel appearing on behalf of the parties, the present writ
petition is taken up for final hearing.
3. Mr. Divya Prakash Pande, learned Standing Counsel appearing on
behalf of Municipal Corporation of Delhi, („MCD‟) states that the private
petitioners, who have been issued Certificates of Vending (COV) shall be
permitted to vend without any let or hindrance, strictly in accordance
with the terms and conditions of their respective Certificates of Vending
in their respective zone‟s and wards, in accordance with law.
4. Directed accordingly.
5. In so far as, the other petitioner Nos. 4, 6, 8, 13, 19, 21, 29, 32, 33,
38, 40 & 46, who have not been issued Certificates of Vending (as
specified in prayer (c) of the present petition) are concerned, the duly
constituted Town Vending Committee („TVC‟) shall consider the case of
the above mentioned petitioners, at the time when the latter carries out
the subject survey, in accordance with law.
6. Accordingly, it is relevant to highlight that this Court, vide order
dated 16.02.2023, issued certain directions to the New Delhi Municipal
Signature Not Verified
By:AANCHAL TAGGAR
Signing Date:23.08.2023
16:40:58
Council (NDMC) and GNCTD in W.P. (C) 12459/2022, titled as
„Bacchu Singh Paharia Vs. New Delhi Municipal Council & Anr.‟;
which will extend to the abovementioned petitioners, as well, with equal
force and vigour. The relevant portion of order dated 16.02.2023, passed
in W.P. (C) 12459/2022, titled as „Bacchu Singh Paharia Vs. New Delhi
Municipal Council & Anr.‟ is extracted herein below:
" Mr. Gautam Narayan, learned Additional
Standing Counsel (Civil) appearing on behalf of
the GNCTD states that the survey to be conducted
by the duly constituted Town Vending Committee,
shall commence forthwith, in accordance with the
provisions of the Street Vendors (Protection of
Livelihood and Regulation of Street vending) Act
2014, as well as the Delhi Street Vendors
(Protection of Livelihood and Regulation of
Street Vending) Rules, 2017 and The Government
of National Capital territory of Delhi Street
Vendors (Protection of Livelihood and Regulation
of Street Vending) Scheme, 2019.
Mr. Sri Harsha Peechara, learned
Additional Standing Counsel appearing on behalf
of NDMC states, that they shall render
assistance, as may be required by the GNCTD, in
this behalf.
Directed accordingly. ."
7. Having regard to the facts and circumstances antecedent and
attendant, in relation to the present writ petition and having heard learned
counsel appearing on behalf of the parties; we dispose of the present writ
Signature Not Verified
petition, with a direction to the Town Vending Committee, to consider
By:AANCHAL TAGGAR
Signing Date:23.08.2023
16:40:58
the case of the above mentioned petitioners no. 4, 6, 8, 13, 19, 21, 29, 32,
33, 38, 40 & 46, who have not been issued Certificates of Vending (as
specified in prayer (c) of the present petition), at the time when the
former carries out the subject survey, in accordance with law.
8. No further relief is prayed for.
9. Needless to state that in any event of difficulty, the parties are at
liberty to approach this Court by way of appropriate proceedings, in
accordance with law.
10. The writ petition is disposed of accordingly.
11. A copy of this order be uploaded on the website of this Court.
SIDDHARTH MRIDUL
(JUDGE)
ANISH DAYAL
(JUDGE)
AUGUST 16, 2023/rk
Click here to check corrigendum, if any
Signature Not Verified
By:AANCHAL TAGGAR
Signing Date:23.08.2023
16:40:58
