Shakuntla Devi Gupta vs Govt Of Nct Of Delhi & Ors.
2023 Latest Caselaw 1365 Del

Citation : 2023 Latest Caselaw 1365 Del
Judgement Date : 22 May, 2023

Delhi High Court

Shakuntla Devi Gupta vs Govt Of Nct Of Delhi & Ors. on 22 May, 2023

Neutral Citation Number: 2023:DHC:3588-DB

#S-47

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment Delivered On: 22.05.2023

W.P.(C) 6954/2023 & CM APPL. 27106/2023 (for direction)

SHAKUNTLA DEVI GUPTA ..... Petitioner

Versus

GOVT OF NCT OF DELHI & ORS. ..... Respondents

Advocates who appeared in this case:
For the Petitioner : Mr. Ram Narayan Singh and Mr. Anand Chandra
Shailani, Advocates.
For the Respondents : Mr. Santosh Kumar Tripathi, Standing Counsel (Civil)
for R-1 & R-3/GNCTD.
Mr. Sri Harsha Peechara, ASC along with Mr.
Mannanjay Mishra, ASC with Ms. Harshita Gupta and
Mr. Shubham Kumar Mishra, Advocates for R-
2/NDMC.

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:- Signature Not Verified

Digitally Signed By:AANCHAL TAGGAR Signing Date:24.05.2023 11:03:23 Neutral Citation Number: 2023:DHC:3588-DB

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to issue a writ of mandamus or any other appropriate writ, or direction:

A. Direct the Respondents not to dispossess or obstruct or disturb the Petitioners in carrying on his trade from his site i.e. Near A-Block, Pillanji village, Sarojini Nagar, New Delhi-110023, in terms of section 3(3) of the street vendors {Protection of Livelihood and Regulation of Street Vending} Act 2014 and;

B. Direct the Respondents/Town Vending Committee to conduct the survey of the Petitioner within time bound manner and to issue certificate of vending in favour of the Petitioner as per the provisions of the Street Vendors {protection of livelihood and regulation of street vending} Act 2014.

Any other relief which this Hon'ble Court may deem fit and proper, may be granted in favour of the Petitioner, keeping in view overall facts and circumstances and also in the interest of justice."

2. Issue notice.

3. Mr. Santosh Kumar Tripathi, learned Standing Counsel (Civil)

accepts notice on behalf of the respondent Nos.1 and 3/GNCTD and Mr.

Sri Harsha Peechara, learned Additional Standing Counsel accepts notice

on behalf of the respondent No.2/NDMC.

4. Learned counsel appearing on behalf of the petitioner, limits the

relief in the present writ petition, in relation to the prayer clause (B)

(extracted herein above), of the present writ petition; and to consider the

Signature Not Verified

Digitally Signed By:AANCHAL TAGGAR Signing Date:24.05.2023 11:03:23 Neutral Citation Number: 2023:DHC:3588-DB

petitioner‟s representation dated 11.05.2023, which is annexed as

Annexure P-4, to the present writ petition, at the time the TVC carry out

the subject survey, in accordance with law.

5. 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."

Signature Not Verified

Digitally Signed By:AANCHAL TAGGAR Signing Date:24.05.2023 11:03:23 Neutral Citation Number: 2023:DHC:3588-DB

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.

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.‟

6. 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

petition, with a direction to the Town Vending Committee, to determine

the petitioner‟s representation dated 11.05.2023, in accordance with law,

at an appropriate stage.

Signature Not Verified

Digitally Signed By:AANCHAL TAGGAR Signing Date:24.05.2023 11:03:23 Neutral Citation Number: 2023:DHC:3588-DB