Delhi High Court
Shiv Shankar Gupta vs Muncipal Corporation Delhi And ... on 1 November, 2023
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5338/2023
SHIV SHANKAR GUPTA ..... Petitioner
Through: Mr. N.K. Sahoo, Advocate.
versus
MUNCIPAL CORPORATION DELHI AND ORS. ..... Respondents
Through: Ms. Puja Kalra, Advocate with
Mr. Virendra Singh and Ms. Ruby,
Advocates for MCD.
Ms. Vaishali Gupta, Advocate for
respondent No.3.
% Date of Decision: 1st November, 2023
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE MINI PUSHKARNA
JUDGMENT
MANMOHAN, J: (ORAL)
1. Present writ petition has been filed seeking issuance of a writ or order
directing the respondents not to disturb the petitioner from squatting in front
of Shop No. F-10, Kamla Nagar, Police Station Roop Nagar, New Delhi-
110007 till Section 21 of the Street Vendors Act, 2014 is enforced.
2. Vide order dated 26th April, 2023, the present writ petition was partly
allowed and disposed of with directions to permit the petitioner to vend at
Keshav Puram, Ward 78-N, subject to the terms and conditions of the
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:02.11.2023
17:49:45
Certificate of Vending (CoV) dated 7th November, 2021 with URI
ID:1435319 issued to the petitioner, without let or hindrance. The said order
dated 26th April, 2023 is reproduced herein below:-
"The present petition has been instituted by the petitioner, under
Article 226 of the Constitution of India, 1950, praying as follows: -
"(I) To issue a writ of mandamus or appropriate writ or direction or order
directing the respondent not to disturb the petitioner for squatting in front
of :- Shop No. F-10, Kamla Nagar, Ps. Roop Nagar,Delhi-7 till Section 21
of street vendors Act ,2014 being enforced and vending fees being
collected under section 8 of the street vendors Act,2014.
(II) And to pass such other and further order or orders as this Hon'ble
Court deem fit and proper in the interest of Justice."
It is an admitted position that pursuant to the survey carried by the
concerned Town Vending Committee, Mr. Shivkumar Gupta, has been
issued a certificate of vending dated 07.11.2021 (URI:1435319).
In view of the foregoing, learned counsel appearing on behalf of the
petitioner, limits the relief in the present writ petition, to a direction to the
Municipal Corporation of Delhi, to permit Mr. Shivkumar Gupta to
continue to vend within Keshav Puram, Ward- 78-N, strictly in
compliance with the terms and conditions of the said certificate of vending,
annexed as Annexure P-2.
In view of the foregoing, the present writ petition is partly allowed; and
the Municipal Corporation of Delhi is directed to permit Mr. Shivkumar
Gupta, to vend within Keshav Puram, Ward- 78-N, subject to the terms
and conditions of the said certificate of vending dated 07.11.2021 without
let or hindrance.
Needless to state that the petitioner will be at liberty to articulate the
difficulties faced by him, before the appropriate authorities, in accordance
with law, in relation to the certificate of vending, insofar as it employs the
expression 'Others'.
No further directions are prayed for.
With the above directions, the writ petition is disposed of accordingly.
Pending application(s), if any, also stand disposed of.
Copy of this order be uploaded on the website of this Court."
3. Subsequently, the writ petition was listed for clarification and vide
order dated 1st May, 2023, the previous order dated 26th April, 2023 was
kept in abeyance. Such abeyance was directed by the Court on account of
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:02.11.2023
17:49:45
discrepancy in the name of the petitioner vis-à-vis the CoV dated 7th
November, 2021. The said order is reproduced herein below:-
"At request of Mr. N.K. Sahoo, learned counsel appearing on
behalf of the petitioner, in order to enable him to make an
appropriate request to the competent authority seeking correction
of the name in the Certificate of Vending (COV) dated 07.11.2021,
the hearing of the writ petition is adjourned.
List on 18.07.2023.
In the meantime, the order dated 26.04.2023, is kept in
abeyance.
A copy of this order be uploaded on the website of this
Court."
4. This Court has perused the contents of the paper book. It is noted that
there exists discrepancy not only in the name of the vendor but also the
place of vending vis-à-vis the documents filed on record. While the
petitioner seeks to assert squatting rights with respect to area at Kamla
Nagar, the CoV dated 7th November, 2021 is with respect to vending
permission at Keshav Puram, Ward 78-N. It is also noted that the letter of
recommendation dated 15th January, 2021 issued for availing benefits under
the PM SVANidhi Scheme mentions the site/place of vending of the
petitioner as 'Bada Gol Chakkar' which is situated at Kamla Nagar, New
Delhi. Furthermore, while the petitioner's name is 'Shiv Shankar Gupta', the
CoV has been issued in the name of 'Shiv Kumar Gupta'. The updated CoV
with correction in the name of the petitioner has not been placed on record
in compliance with the order dated 1st May, 2023.
5. It is also not understood as to why the petitioner without applying for
rectification/correction of the CoV filed the present writ petition. It is
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:02.11.2023
17:49:45
pertinent to mention that there is no prayer in the writ petition for seeking
any rectification or correction in the CoV. Consequently, the order dated 26th
April, 2023 is recalled and the present writ petition is dismissed with cost of
Rs.10,000/- to be paid to the Delhi High Court Legal Services Committee.
However, the petitioner-applicant is given liberty to make a representation to
the concerned Town Vending Committee for making necessary corrections /
modifications.
MANMOHAN, J
MINI PUSHKARNA, J
NOVEMBER 1, 2023
js
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:02.11.2023
17:49:45
