Full Text
Translation output
V
\ V $-15 to 17 HIGH COURT OF DELHI
W.P.(05548/2011 & CM Nos.4588/2012&6990/2014
OLDEDWARDPARKBAZAR ASSO(REGD)
AND ANR Petitioners
\ V $-15 to 17 HIGH COURT OF DELHI
W.P.(05548/2011 & CM Nos.4588/2012&6990/2014
OLDEDWARDPARKBAZAR ASSO(REGD)
AND ANR Petitioners
VERSUS
MCD Respondent AND W.P.(C1 6689/2011 & CM No.10824/2014
^ JANTA SEWAKFAIT UNION AND ORS Petitioners <
^ JANTA SEWAKFAIT UNION AND ORS Petitioners <
VERSUS
MCD AND ANR Respondents AND W.P.(C1 5411/2014& CM No.10757/2014
M/S KABARIBAZAR WELFARE ASSOCIATION (REGD.)& ANR Petitioners
M/S KABARIBAZAR WELFARE ASSOCIATION (REGD.)& ANR Petitioners
VERSUS
MUNICIPAL CORPORATION OF DELHI AND ORS Respondents
Through: Mr Alok Sharma and Ms Swati Kumar,Advocatesfor petitioners in itemnos.lS & 17.
Mr Nand Kishore Agarwal,Advocate for petitioner in item no.16.
MsFerida Satarawala,Advocate for GNCTD/R-2,3&4in item no.17.
—Ms-MiniPushkama,Advocate for
MCD in itern rib.l7.
Mr Anant A.Pavgi,proxy for R-2& 3 in item no.15.
Ms Shyel Trehan and Ms Manjira Dasgupta,Advocates for respondent in item no.15.
Ms MiniPushkama,Advocate for respondent/MCD in item no.16.
A, 2015:DHC:10937 V
Through: Mr Alok Sharma and Ms Swati Kumar,Advocatesfor petitioners in itemnos.lS & 17.
Mr Nand Kishore Agarwal,Advocate for petitioner in item no.16.
MsFerida Satarawala,Advocate for GNCTD/R-2,3&4in item no.17.
—Ms-MiniPushkama,Advocate for
MCD in itern rib.l7.
Mr Anant A.Pavgi,proxy for R-2& 3 in item no.15.
Ms Shyel Trehan and Ms Manjira Dasgupta,Advocates for respondent in item no.15.
Ms MiniPushkama,Advocate for respondent/MCD in item no.16.
A, 2015:DHC:10937 V
CORAM:
HON'BLE MR.JUSTICE VIBHU BAKHRU
27.04.2015 The petitioners have filed the present petitions seeking allotment of tehbazari sites below the velodroms flyover near IGI Stadium. It is stated that for several decades weekly market was being held at the site in question. The holding ofthe said weekly market was discontinued in the wake ofthe Commonwealth Games,2010.
The petitioners pray that since the Commonwealth Games,2010 are now over and the construction that was to be carried out near the site is also complete,the respondents should not obstruct the petitioners from holding weekly bazaar as was being done earlier.
The learned counselforthe respondents pointoutthatby virtue ofthe
Street Vendors(Protection ofLivelihood and Regulation ofStreet Vending)
Act,2014 no relieffor relocating any tehbazari holder can be granted till a survey as contemplated under Section 3(1)ofthe said Actis completed and vending certificates are issued. The learned counsel for the respondent corporation states that out of approximately 1200 applications, 381 applications fortehbazari licence have been verified.
Section 3(3)ofthe said Actreads as under:- "(3). No street vendor shall be evicted or, as the case may be relocated till the survey specified under sub-section (1) has been completed and the certificate of vending is issued to all street vendors."
It is not disputed that by virtue ofthe aforesaid provision, no street
N .
V
N vendor can be vacated or relocated till the survey as specified under Section
3(1)ofthe said Acthas been completed and acertificate ofvending isissued to the street vendors.
The learned counsel for the respondent further states that Town
Vending Committee as contemplated under Section 22 of the said Act is likelyto be constituted shortly.
In the aforesaid circumstances, the petitions are disposed of by granting liberty to the petitioners to approach the concerned Town Vending
Committee as and when constituted. The respondent corporation shall place all relevant records including verification of the applicants before the concerned Town Vending Committee as soon as the same is constituted. It is expected that the case ofthe petitioners shall be taken up on a priority basis as it is stated that the petitioners have been suffering for almost past five years.
VIBHUBAKHRU,J APRIL 27,2015 MK
27.04.2015 The petitioners have filed the present petitions seeking allotment of tehbazari sites below the velodroms flyover near IGI Stadium. It is stated that for several decades weekly market was being held at the site in question. The holding ofthe said weekly market was discontinued in the wake ofthe Commonwealth Games,2010.
The petitioners pray that since the Commonwealth Games,2010 are now over and the construction that was to be carried out near the site is also complete,the respondents should not obstruct the petitioners from holding weekly bazaar as was being done earlier.
The learned counselforthe respondents pointoutthatby virtue ofthe
Street Vendors(Protection ofLivelihood and Regulation ofStreet Vending)
Act,2014 no relieffor relocating any tehbazari holder can be granted till a survey as contemplated under Section 3(1)ofthe said Actis completed and vending certificates are issued. The learned counsel for the respondent corporation states that out of approximately 1200 applications, 381 applications fortehbazari licence have been verified.
Section 3(3)ofthe said Actreads as under:- "(3). No street vendor shall be evicted or, as the case may be relocated till the survey specified under sub-section (1) has been completed and the certificate of vending is issued to all street vendors."
It is not disputed that by virtue ofthe aforesaid provision, no street
N .
V
N vendor can be vacated or relocated till the survey as specified under Section
3(1)ofthe said Acthas been completed and acertificate ofvending isissued to the street vendors.
The learned counsel for the respondent further states that Town
Vending Committee as contemplated under Section 22 of the said Act is likelyto be constituted shortly.
In the aforesaid circumstances, the petitions are disposed of by granting liberty to the petitioners to approach the concerned Town Vending
Committee as and when constituted. The respondent corporation shall place all relevant records including verification of the applicants before the concerned Town Vending Committee as soon as the same is constituted. It is expected that the case ofthe petitioners shall be taken up on a priority basis as it is stated that the petitioners have been suffering for almost past five years.
VIBHUBAKHRU,J APRIL 27,2015 MK
JUDGMENT