Delhi High Court
Kanchan vs Government Of Nct Of Delhi & Ors. on 31 May, 2023
#S-54
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 31.05.2023
W.P.(C) 7911/2023& CM APPL. 30526/2023 (for direction)
KANCHAN ....Petitioner
Versus
GOVERNMENT OF NCT OF DELHI & ORS.
....Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Ram Narayan Singh, Mr. Anand C. Shailani,
Mr. Rajinder Kumar, Advocates.
For the Respondents : Mr. Sri Harsha Peechara, ASC with Mr. Ashish Tiwari,
Assistant Standing Counsel with Ms. Harshita Gupta,
Mr. Sahib Patel & Mr. Shubham Kumar Mishra,
Advocates for R-2/NDMC.
Ms. Rachita Garg, Advocate for R-1 & 3/SHO.
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:-
"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 her trade from
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
17:26:21
her site i.e. Gujrati Market, Janpath, New Delhi-1
10001, 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. Ms. Rachita Garg, learned counsel accepts notice on behalf of the
respondent No. 1 and 3/GNCTD. Mr. Sri Harsha Peechara, learned
Standing Counsel accepts notice on behalf of the NDMC/ Respondent
no. 2.
4. Mr. Ram Narayan Singh, learned counsel appearing on behalf of
the petitioner, limits the relief to a direction to the Town Vending
Committee (TVC), to consider the petitioner's representation dated
25.05.2023, annexed as Annexure P-5 to the present writ petition, in
accordance with law, expeditiously.
5. Learned counsel 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
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
17:26:21
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.
6. Learned counsel appearing on behalf of the NDMC states, that
they shall render assistance, as may be required by the GNCTD, in this
behalf.
7. Directed accordingly.
8. No further relief is prayed for.
9. In view of the foregoing, the present writ petition is partly
allowed, and disposed of with a direction to the Town Vending
Committee, to consider the petitioner's representation dated 25.05.2023,
in accordance with law, during the conduct of the current survey.
10. The pending application also stands disposed of.
11. A copy of this judgment be uploaded on the website of this Court.
SIDDHARTH MRIDUL
(JUDGE)
TALWANT SINGH
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
17:26:21
(JUDGE)
MAY 31, 2023
Aanchal
Click here to check corrigendum, if any
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
17:26:21
