Full Text
Translation output
$-23 to 28,30to 32,40to 44,49&50 HIGH COURT OF DELHI
W.P.(CI 1818/2015 & CM Nos.3251-3252/2015. W.P.IC^
1819/2015. W.P.(C) 1820/2015 & CM Nos.3255-56/2015. W.P.ICI
1822/2015 & CM Nos.3259-60/2015. W.P.lCl 1823/2015 & CM
No.3261/2015, W.P.lCl 1826/2015 & CM No.3267/2015. W.P.lCl
1833/2015 & CM Nos.3277-78/2015. W.P.fCl 1888/2015 & CM
Nos.3385-86/2015. W.P.IC)1891/2015 & CM No.3389-90/2015. W.P.(C)
1909/2015 & CM No.3414/2015. W.P.lCl 1914/2015 & CM
No.3439/2015. W.P.IO 1916/2015 & CM No.3442/2015. W.P.IO
1917/2015 & CM No.3443/2015. W.P.IO 1918/2015 & CM
No.3444/2015. W.P.lCl 1926/2015 & CM Nos.3460-3461/2015 &
W.P.rCl 1939/2015& CM Nos.3477-78/2015 Present: Mr Pranab Prakash and Mr Ranjit Kumar, Advocates for petitioners in item nos.23,25&30.
Mr Anand Shailani,Advocate for petitioners in item nos.27,28, 41 to 44.
Mr M.R.Singh, Advocate for petitioners in item nos.31,32&
49.
Mr M. Hasibuddin and Mr Zebar Kamal, Advocates for petitioner in item no.24.
Mr Krishan Kumar,Advocate for petitioners in item no.26.
Mr M.M.Kashyap,Advocate for petitioner in item no.40.
Mr N.A.Khan,Advocate for Mr H.S. Sachdeva,Advocate for
R-2 in item no.23.
Mr Suneel Kumar Atreya,Advocate for R-1 in item no.24.
Mr Shoaib Haider,Advocate for R-2in item no.25.
Ms Chanchal Sharma, Advocate for R-2/SH0 Kalkaji Police
Station in item no.24 Ms Mansi Gupta,Advocate for North MCD in item no.26.
Mr Rajeev Sharma,Advocate for R-2in item nos.27&28.
Ms Ferida Satarawala, Advocate for GNCTD for R-2 in item no.30.
Mr Gursharan Singh,Advocate for R-2in item nos.41 &43.
Mr Abhjoy Banerjee, Advocate for Mr Sanjeev Goyal, Advocate for R-2in item no.44.
Mr Sanjeev Sabharwal, Standing Counsel for DDA with Mr
2015:DHC:11075 Hem Kumar,Advocate for DDA in item no.50.
Mr Kartik Jindal, Advocate for Mr V.K.Tandon,Advocate for
R-2 in item no.50.
Mr Arjun Pant and Mr Vipin Tyagi, Advocates for respondent/NDMC in item nos.23,25,27,28,30,31,32,41 to
44& 49.
W.P.(CI 1818/2015 & CM Nos.3251-3252/2015. W.P.IC^
1819/2015. W.P.(C) 1820/2015 & CM Nos.3255-56/2015. W.P.ICI
1822/2015 & CM Nos.3259-60/2015. W.P.lCl 1823/2015 & CM
No.3261/2015, W.P.lCl 1826/2015 & CM No.3267/2015. W.P.lCl
1833/2015 & CM Nos.3277-78/2015. W.P.fCl 1888/2015 & CM
Nos.3385-86/2015. W.P.IC)1891/2015 & CM No.3389-90/2015. W.P.(C)
1909/2015 & CM No.3414/2015. W.P.lCl 1914/2015 & CM
No.3439/2015. W.P.IO 1916/2015 & CM No.3442/2015. W.P.IO
1917/2015 & CM No.3443/2015. W.P.IO 1918/2015 & CM
No.3444/2015. W.P.lCl 1926/2015 & CM Nos.3460-3461/2015 &
W.P.rCl 1939/2015& CM Nos.3477-78/2015 Present: Mr Pranab Prakash and Mr Ranjit Kumar, Advocates for petitioners in item nos.23,25&30.
Mr Anand Shailani,Advocate for petitioners in item nos.27,28, 41 to 44.
Mr M.R.Singh, Advocate for petitioners in item nos.31,32&
49.
Mr M. Hasibuddin and Mr Zebar Kamal, Advocates for petitioner in item no.24.
Mr Krishan Kumar,Advocate for petitioners in item no.26.
Mr M.M.Kashyap,Advocate for petitioner in item no.40.
Mr N.A.Khan,Advocate for Mr H.S. Sachdeva,Advocate for
R-2 in item no.23.
Mr Suneel Kumar Atreya,Advocate for R-1 in item no.24.
Mr Shoaib Haider,Advocate for R-2in item no.25.
Ms Chanchal Sharma, Advocate for R-2/SH0 Kalkaji Police
Station in item no.24 Ms Mansi Gupta,Advocate for North MCD in item no.26.
Mr Rajeev Sharma,Advocate for R-2in item nos.27&28.
Ms Ferida Satarawala, Advocate for GNCTD for R-2 in item no.30.
Mr Gursharan Singh,Advocate for R-2in item nos.41 &43.
Mr Abhjoy Banerjee, Advocate for Mr Sanjeev Goyal, Advocate for R-2in item no.44.
Mr Sanjeev Sabharwal, Standing Counsel for DDA with Mr
2015:DHC:11075 Hem Kumar,Advocate for DDA in item no.50.
Mr Kartik Jindal, Advocate for Mr V.K.Tandon,Advocate for
R-2 in item no.50.
Mr Arjun Pant and Mr Vipin Tyagi, Advocates for respondent/NDMC in item nos.23,25,27,28,30,31,32,41 to
44& 49.
CORAM:
HON'BLE MR.JUSTICE VIBHU BAKHRU
27.02.2015 T The petitioners have filed the present petitions seeking an injunction restraining the respondents from disturbing the petitioners in carrying on r with their respective trades. The petitioners claim to be squatters who are carrying on their respective trades on the streets. This is disputed by the learned 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 ofwith a direction,enabling the petitioners to make representations before the Committee to be constituted under the Street
Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014(hereafter the'Act')which has come into force w.e.f.04.03.2014. l/iie learned counsel for the petitioners 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 fi-om 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, Greater Muntbai and
J3 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 attheir respective sites.
In support of his submissions, he relies upon the
27.02.2015 T The petitioners have filed the present petitions seeking an injunction restraining the respondents from disturbing the petitioners in carrying on r with their respective trades. The petitioners claim to be squatters who are carrying on their respective trades on the streets. This is disputed by the learned 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 ofwith a direction,enabling the petitioners to make representations before the Committee to be constituted under the Street
Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014(hereafter the'Act')which has come into force w.e.f.04.03.2014. l/iie learned counsel for the petitioners 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 fi-om 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, Greater Muntbai and
J3 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 attheir respective sites.
In support of his submissions, he relies upon the
ORDER
ofthe Supreme Court in Maharashtra Ekta Hawkers
Union andAnother(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) All the existing street vendors / hawkers operating across the country shall be allowed to operate till the exercise ofregistration and creation ofvending/hawking zones is completed in terms of the 2009Policy. Once thatexercise is completed, they shall be entitled to operate only in accordance with the orders/directions ofthe concerned Town Vending
Committee." 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 of the view that disputed questions 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, V\ ^ the appropriate forum to decide the lis 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)ofthe 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.
Consequently,the respondent-NDMC is directed to make T: 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 the respondents submit that although it had been stated that a Committee under the Act had been constituted, however, the correctfactisthatthe Committee is yetto be constituted. He also points outthatthedirectionshavealreadybeenissuedbythisCourtforconstitul^m ofthe Committee in atime bound manner and the Committee is expected to be functional within afew months.
In the circumstances, the present petitions and the pending applications are disposed ofin terms ofthe order dated 29.08.2014passed in
W.P.(C) No.5580/2014 and the petitioners are permitted to make representations to the Committee as and when constituted.
Order dasti.
VIBHU BAKHRU,J FEBRUARY 27,2015/MK
Union andAnother(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) All the existing street vendors / hawkers operating across the country shall be allowed to operate till the exercise ofregistration and creation ofvending/hawking zones is completed in terms of the 2009Policy. Once thatexercise is completed, they shall be entitled to operate only in accordance with the orders/directions ofthe concerned Town Vending
Committee." 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 of the view that disputed questions 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, V\ ^ the appropriate forum to decide the lis 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)ofthe 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.
Consequently,the respondent-NDMC is directed to make T: 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 the respondents submit that although it had been stated that a Committee under the Act had been constituted, however, the correctfactisthatthe Committee is yetto be constituted. He also points outthatthedirectionshavealreadybeenissuedbythisCourtforconstitul^m ofthe Committee in atime bound manner and the Committee is expected to be functional within afew months.
In the circumstances, the present petitions and the pending applications are disposed ofin terms ofthe order dated 29.08.2014passed in
W.P.(C) No.5580/2014 and the petitioners are permitted to make representations to the Committee as and when constituted.
Order dasti.
VIBHU BAKHRU,J FEBRUARY 27,2015/MK