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$-23, 24, 27, 29, 30 & 34 IN THE fflGH COURT OF DELHI AT NEW DELHI
W.P.(C) 5046/2015 & CM No.9131/2015
MOHAN SHYAM Petitioner
ASHISH Petitioner
W.P.(C^ 5083/2015 & CM No.9203/2015 SURENDER KUMAR Petitioner
AND
RAJO DEVI Petitioner
ANUJ GUPTA Petitioner
GANGA BISHAN ..... Petitioner
Tlirough: Mr S. B. Sahoo and Mr N. K. Sahoo, Advocates for petitioners in item nos.27, 29 & 30.
Mr Anand Shailani, Advocate for petitioners in item nos.23 & 24.
Mr Anuj Aggarwal, Advocate for GNCTD in item no.23.
Md. Mobin Akhtar, Advocate for M.
2015:DHC:11030 Hasibuddin, Advocate for petitionerin item no.34.
Mr jayendra, Advocate for R-1 in item no.34.
Mr Shoaib Haider, proxy advocate for Mr Naushad Ahmed Khan, ASC for respondent/Delhi Police in item no.24
&34.
Mr ArjunPant with Mr VipinTyagi, Advocates for NDMC in item nos.23, 24, 27, 29 & 30.
22.05.2015 The petitioners have filed the present petitions seeking an injunction restraining the respondents from disturbing the petitioners in carrying on with their respective trades. The petitioners claim to be squatters who are carrying ontheir respective trades onthestreets. This is disputed bythelearned counsel for the respondents. The learned counsel for the parties point out that several similar petitions have been considered by this Court and have been disposed of
^ with a direction, enabling the petitioners to make representations before the
Committee to be constituted under the Street Vendors (Protection ofLivelihood and Regulation of Street Vending) Act, 2014 (hereafter the 'Act') which has come into force w.e.f. 04.03.2014. The learned counsel for thepetitioners rely upon one such order passed in W.P.(C) No.5580/2014, which reads as under:-
^ "Present writ petitions have been filed seeking a direction to the respondents not to obstruct or disturb the petitioners in carrying on their trade from their respective sites till the Town
Vending Committee of NDMC issues certificate of vending to the petitioners in accordance with Section 3(3) of the Street Vendors
(Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereinafter referred to as 'Act, 2014') and in terms of order dated 09th September, 2013 passed by the Supreme Court in
Maharashtra Ekta Hawkers Union and Another vs. Municipal
Corporation, GreaterMumbaiandAnr., 2013(11) SCALE 329.
Learned counsel for petitioners relies on Section 3(3) of the
Act, 2014 to pray that petitioners be allowed to continue to squat at their respective sites.
In support of his submissions, he relies upon the
ORDER
Another (supra) wherein it has been held as under:-
•• "16. For facilitating implementation of the 2009
Policy, we issue thefollowing directions: xxxx xxxx xxxx xxxx
(xv) Alltheexisting streetvendors / hawkers operating across the country shall be allowed to operate till the exercise of registration and creation of vending / hawking zones is completed in terms ofthe2009 Policy.
Once that exercise is completed, they shall be entitled to operate only in accordance with the orders/directions of the concerned Town Vending
Committee." Learned counsel for respondent-NDMC who appears on advance notice, states thatthe petitioners arenot existing squatters and are, therefore, not entitled to protection under Section 3(3) of
^ Act, 2014.
Learned counsel for respondent-NDMC further states that in accordance with the Act, 2014, petitioners should raise their grievances before the Town Vending Committee (hereinafter referred to as 'Committee').
Learned counsel for respondent-NDMC also states that though the Committee has been appointed, yet it is not functional as oftoday.
In rejoinder, learned counsel for petitioners vehemently disputes the contentions advanced by learned counsel for respondent-NDMC.
Having heard learned counsel for parties, this Court is of the view that disputedquestions of fact are involved in the present petitions. This Court is also ofthe opinion that in view ofthe Act, 2014 having come into force on 4th March, 2014, the appropriate
V
'V- L forum to decide the lisbetween theparties is the Committee.
The Act, 2014 provides for constitution of a .Committee which is to conduct survey of all existing street vendors and make the scheme for relocation. Section 3(3) of the Act, 2014 clearly states that no street vendor shall beevicted orrelocated till survey specified under sub-Section(l) has been completed and the certificate ofvending has been issued to all street vendors.
Consequently, the respondent-NDMC is directed to make the Committee functional as within eight weeks. Petitioners are permitted to file their representations with the Committee within a period ofeight weeks.
Upon the said representations being filed, the Committee is directed to decide the same expeditiously, preferably within six months.
With the aforesaid directions, present writ petitions and applications are disposed of"
The learned counsel for therespondents submit thatalthough it had been stated that a Committee under the Act had been constituted, however, the correct fact is that the Committee is yet to be constituted. He also points out thatthe directions havealready beenissued by this Courtfor constitution of the
Committee in a time bound manner and the Committee is expected to be functional within a few months.
In the circumstances, the present petitions and the pending applications are disposed of in terms of the order dated 29.08.2014 passed in W.P.(C)
No.5580/2014 and the petitioners are permitted to make representations to the
Committee as and when constituted.
Order dasti. v (\ VIBHUBAKHRU, J MAY 22,2015 MK
#23-24 HIGH COURT OF DELHI
W.P.(C) 5578/2014 & CM APPLs. 13814-13815/2014
MUNNU SESTGH Petitioner
Through Mr. Ram NarayanSingh, Advocate
Through Mr. Kapil Dutta, Advocate for Dr. RituBhardwaj, Standing Counsel forR-1.
Mr. Subodh Kumar, Advocate for R-2.
A GAURI Petitioner
Through Mr. Ram Narayan Singh, Advocate
Through Mr. Kapil Dutta, Advocate for Dr. RituBhardwaj, Standing Counsel
Mr. Pankaj Batrawith Mr. Ranjan Roy, Advocates for R-2.
W.Ps.(C) 5578/2014 &5580/2014 p^gg [0/4
3(3) of the Street Vendors (Protection of Livelihood and Regulation of
Street Vending) Act, 2014 (hereinafter referred to as 'Act, 2014') and in terms oforder dated 09'^ September, 2013 passed by the Supreme Court in
Maharashtra Ekta Hawkers Union and Another vs. Municipal
Corporation, GreaterMumbai and Am., 2013(11) SCALE329.
Learned counsel for petitioners relies on Section 3(3) of the Act, 2014 to pray that petitioners be allowed to continue to squat at their respective sites.
In support of his submissions, he relies upon the judgment of the
Supreme Court inMaharashtra Ekta Hawkers Union andAnother(s\x^vQ) wherein it has been held as under:-
"16. Forfacilitating implementation of the 2009 Policy, we issue the following directions: xxxx xxxx xxxx xxxx
(xv) All the existing street vendors / hawkers operating across the country shall be allowed to operate till the exercise of registration and creation ofvending / hawking zones is completed in terms ofthe
2009 Policy. Once that exercise is completed, they shall be entitled to operate only in accordance with the orders/directions of the concerned Town Vending Committee. " W.Ps. (C) 5578/2014 &5580/2014 Page 2of4 Learned counsel for respondent-NDMC who appears on advance notice, states that the petitioners are not existing squatters and are, therefore, not entitled to protection under Section 3(3) ofAct, 2014. Learned counsel for respondent-NDMC further states that in accordance with the Act, 2014, petitioners should raise their grievances before the Town Vending Committee (hereinafter referred to as 'Committee'). Learned counsel for respondent-NDMC also states that though the Committee has been appointed, yet it is not functional as oftoday. In rejoinder, learned counsel for petitioners vehemently disputes the contentions advanced by learned counsel for respondent-NDMC. Having heard learned counsel for parties, this Court is ofthe view that disputed questions offa^;t are involved in the presentpetitions. This Court is also of the opinion that in view of the Act, 2014 having come into force on 4'*^ March, 2014, the appropriate forum to decide the Us between the parties is the Committee. The Act, 2014 provides for constitution of a Committee which is to conduct survey of all existing street vendors and make the scheme for relocation. Section 3(3) of the Act, 2014 clearly states that no street vendor shall be evicted or relocated till survey specified under sub-Section(l) has been completed and the certificate of vending has been issued to all street vendors. W.Ps. (C) 5578/2014 & 5580/2014 w Consequently, the respondent-NDMC is directed to make the Committee functional as within eight weeks. Petitioners are permitted to file their representations with the Committee within a period of eight weeks. Upon the said representations being filed, the Committee is directed to decide the same expeditiously, preferably within six months. With the aforesaid directions, present writ petitions and applications are disposed of Ordef dasti. AUGUST 29, 2014 m -/ u A MANM0HAN, J W. Ps.(C) 5578/2014 &5580/2014 Page 4 of4