Delhi High Court
Veer Bahadur vs Govt. Of Nct Of Delhi & Ors. on 18 May, 2023
Neutral Citation Number DHC:3497-DB
#S-42
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 18.05.2023
W.P.(C) 6677/2023 & CM APPL. 26138/2023 (for directions)
VEER BAHADUR ..... Petitioner
Versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Ram Narayan Singh, Mr. Anand C. Shailani and
Mr. Rajender Kumar, Advocates.
For the Respondents : Ms Vaishali Gupta, Panel Counsel (Civil), GNCTD
along with Mr. Varun Garg, Advocate for R-1 & R-3.
Ms. Devika Mohan, ASC along with Mr. Harsha
Peechara, ASC with Ms. Harshita Gupta, Advocate 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
By:DURGESH NANDAN
Signing Date:20.05.2023
10:35:50
Neutral Citation Number DHC:3497-DB
"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."
2. Issue notice.
3. Ms Vaishali Gupta, learned Panel Counsel (Civil), GNCTD,
accepts notice on behalf of the respondent Nos.1 and 3/GNCTD and Ms.
Devika Mohan, 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
petitioner's representation dated 11.05.2023, which is annexed as
Annexure P-6, 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
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By:DURGESH NANDAN
Signing Date:20.05.2023
10:35:50
Neutral Citation Number DHC:3497-DB
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
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By:DURGESH NANDAN
Signing Date:20.05.2023
10:35:50
Neutral Citation Number DHC:3497-DB
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.
7. No further relief is prayed for.
8. The writ petition is disposed of accordingly. The pending
application also stands disposed of.
Signature Not Verified
By:DURGESH NANDAN
Signing Date:20.05.2023
10:35:50
Neutral Citation Number DHC:3497-DB
9. A copy of this judgment be uploaded on the website of this Court
forthwith.
SIDDHARTH MRIDUL
(JUDGE)
TALWANT SINGH
(JUDGE)
MAY 18, 2023/rs
Click here to check corrigendum, if any
Signature Not Verified
By:DURGESH NANDAN
Signing Date:20.05.2023
10:35:50
