Delhi High Court
Prem Nath Mishra vs New Delhi Municipal Council & Ors. on 15 May, 2023
Neutral Citation Number 2023:DHC:3349-DB
#S-21
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 15.05.2023
W.P.(C) 9022/2022
PREM NATH MISHRA ..... Petitioner
versus
NEW DELHI MUNICIPAL COUNCIL & ORS...... Respondents
Advocates who appeared in this case:
For the petitioner : Mr. Bhibhuti Bhushan Mishra, Mr. Kamlesh Kumar
Mishra, Mr. Aditya, Mr. Kailash Kumar Jha, Ms.
Anjani Mishra, Mr. Raghunath Pathak & Ms.
Shivalika, Advocates.
For the respondents : Mr. Sri Harsha Peechara, ASC with Ms. Harshita
Gupta, Advocate for NDMC/R-1.
Ms. Urvi Mohan, Advocate for Delhi Police/R-2 &
3.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J. (OPEN COURT)
1. The present writ petition under Article 226 of the Constitution
of India, has been instituted on behalf of the petitioner, praying as
follows:
„In the facts and circumstances stated herein
above, it is Most Respectfully prayed that this
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Hon'ble Court may graciously be pleased to:
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By:DURGESH NANDAN
17:33:47
Neutral Citation Number 2023:DHC:3349-DB
1. Pass an order directing the NDMC to
allow the petitioner to peacefully vend at his
usual place of vending i.e., D-Block, Corner
of Embassy Restaurant, Connaught Place,
Inner Circle, New Delhi - 110001 in
accordance with the provisions of the Street
Vendors (protection of Livelihood and
regulation of street vending) Act 2014.
II. Pass an order directing the NDMC to
conduct the survey under the Street Vendors
(protection of Livelihood and regulation of
street vending) Act 2014 as also as
mandated under, The Delhi Street Vendors
(Protection of Livelihood and regulation of
Street vending) Rules 2017 & The
Government of National Capital Territory of
Delhi Street Vendors (Protection of
Livelihood and regulation of Street vending)
Scheme 2019 and further to provide the
certificate of vending to the petitioner.
III. Pass an order directing the respondents
start and complete the survey
of the street vendors in the NDMC area as
mandated under the Street Vendors
(protection of Livelihood and regulation of
street vending) Act 2014 as also as mandated
under, The Delhi Street Vendors (Protection
of Livelihood and regulation of Street
vending) Rules 2017&The Government of
National Capital Territory of Delhi Street
Vendors (Protection of Livelihood and
regulation of Street vending) Scheme 2019.
IV. Pass an order directing the respondents
to place on record all
materials/orders/communications pertaining
to the Survey of the Street Vendors in the
NDMC area.
V. Pass any such directions or order that this
Hon'ble Court deems fit and proper in the
facts and circumstances of the above-
mentioned case.‟
2. Learned counsel appearing on behalf of the petitioner, limits the
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By:DURGESH NANDAN
17:33:47
Neutral Citation Number 2023:DHC:3349-DB
relief in the present writ petition, in relation to the prayer clause II
(extracted herein above), of the present writ petition, and to consider
the case of the petitioner, at the time the TVC carry out the subject
survey, in accordance with law.
3. Accordingly, it is relevant to highlight that this Court, vide
order dated 16.02.2023, issued certain directions to the New Delhi
Municipal 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 present petitioner, as well, with equal
force and vigour. The 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, in toto:
„The present writ petition under Article 226 of the Constitution
of India, has been instituted on behalf of the petitioner, praying
as follows:
"It is therefore, most respectfully prayed that this Hon'ble Court
may be pleased to:-
a) Direct the Respondent no. 1 and 2 allow the petitioner to
operate at his given vending site i.e. Near Shop No.36,
Sarojini Nagar Market New Delhi till the final decision taken
by the Town Vending Committee after completion of Survey.
b) Issue a Writ, Order or Direction in the nature of Pass such
other or further orders, as this Hon'ble Court may deem fit
and proper in the facts and circumstances of the case."
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
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By:DURGESH NANDAN
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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.
No further relief is prayed for.
With the above directions, the writ petition is disposed
of accordingly. Pending applications also stand disposed of.
Copy of the order be given dasti to learned counsel
appearing on behalf of the parties.‟
4. Having regard to the facts and circumstances attendant and
antecedent, in relation to the present writ petition and having heard
learned counsel appearing on behalf of the parties; we dispose of the
present writ petition, with a direction to the Town Vending
Committee, to consider the case of the petitioner, at the time the latter
carries out the survey, in accordance with law.
5. No further relief is prayed for.
6. The writ petition is disposed of accordingly.
7. A copy of this judgment be uploaded on the website of this
Court.
SIDDHARTH MRIDUL
(JUDGE)
TALWANT SINGH
(JUDGE)
MAY 15, 2023
Aanchal
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Digitally Signed
By:DURGESH NANDAN
17:33:47
