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$-31,36&40 HIGH COURT OF DELHI
W.P.(C)5093/2015& CM No.9214/2015
SANGEETA GETPTA Petitioner
W.P.(C)5093/2015& CM No.9214/2015
SANGEETA GETPTA Petitioner
VERSUS
SOUTHDELHI MUNICIPAL CORPORATION &ANR Respondents
AND
W.P.(C)5118/2015& CM No.9270/2015
JAGDISH Petitioner
JAGDISH Petitioner
VERSUS
NORTHDELHI MUNICIPAL COROPRATION AND W.P.ICl 5129/2015& CM No.9289/2015
CHAMAN SINGH Petitioner
CHAMAN SINGH Petitioner
VERSUS
SOUTHDELHI MUNICIPAL COROPRATION
Through: Mr KrishnaK.Singh,Advocate for petitioners in item nos.31,36&40.
MsPuja Kaira,Advocate for North MCD in item no.36.
Mr Vivek Goyal with Mr J.P.
Sharma,Advocate for SDMC in item no.31.
Mr Jayendra,Advocate for R-1 in item no.40.
Mr Santosh Kumar Tripathi, Additional Standing Counsel Govt.of
NOT ofDelhi for R-2in item no.40.
Through: Mr KrishnaK.Singh,Advocate for petitioners in item nos.31,36&40.
MsPuja Kaira,Advocate for North MCD in item no.36.
Mr Vivek Goyal with Mr J.P.
Sharma,Advocate for SDMC in item no.31.
Mr Jayendra,Advocate for R-1 in item no.40.
Mr Santosh Kumar Tripathi, Additional Standing Counsel Govt.of
NOT ofDelhi for R-2in item no.40.
CORAM:
HON'BLE MR.JUSTICE VIBHU BAKHRU
22.05.2015 2015:DHC:11032 >- Issue notice.
The learned counsel for the respondents accept notice.
The petitioners claim to be squatting on the various sites as indicated in the petitions. The learned counsel for the petitioners points outthat in all these petitions the Zonal Vending Committee and/or the Appellate
Authority,had passed orders directing that by virtue ofthe National Capital
Territory ofDelhiLaws(SpecialProvisions)Second Act,2011 status quo be maintained till 31.12.2014.
In the meanwhile. Street Vendors (Protection of Livelihood and
Regulation ofStreet Vending)Act,2014 has come into force and by virtue of Section 3(3) of the said Act, no street vendors can be removed or relocated till the survey as contemplated under Section 3(1)ofthe said Act is completed. Accordingly, if the petitioners have been squatting on the sites as indicated in the petitions,then the protection ofthe said Act would be available to the petitioners in respect to their vending activities at their respective sites.
The petitions are disposed ofwith the aforesaid observations.It would also be open forthe petitioners to approach the Town Vending Committee as and when constituted.
Order dasti.
VIBHU BAKHRU,J MAY 22,2015 MK 2015:DHC:11032
22.05.2015 2015:DHC:11032 >- Issue notice.
The learned counsel for the respondents accept notice.
The petitioners claim to be squatting on the various sites as indicated in the petitions. The learned counsel for the petitioners points outthat in all these petitions the Zonal Vending Committee and/or the Appellate
Authority,had passed orders directing that by virtue ofthe National Capital
Territory ofDelhiLaws(SpecialProvisions)Second Act,2011 status quo be maintained till 31.12.2014.
In the meanwhile. Street Vendors (Protection of Livelihood and
Regulation ofStreet Vending)Act,2014 has come into force and by virtue of Section 3(3) of the said Act, no street vendors can be removed or relocated till the survey as contemplated under Section 3(1)ofthe said Act is completed. Accordingly, if the petitioners have been squatting on the sites as indicated in the petitions,then the protection ofthe said Act would be available to the petitioners in respect to their vending activities at their respective sites.
The petitions are disposed ofwith the aforesaid observations.It would also be open forthe petitioners to approach the Town Vending Committee as and when constituted.
Order dasti.
VIBHU BAKHRU,J MAY 22,2015 MK 2015:DHC:11032
JUDGMENT