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$-67& 70 HIGH COURT OF DELHI
W.P.(C)1766/2015 & CM Nos.3160-3161/2015
ANAND KUMAR Petitioner
Through: Mr M.R.Singh,Advocate,
$-67& 70 HIGH COURT OF DELHI
W.P.(C)1766/2015 & CM Nos.3160-3161/2015
ANAND KUMAR Petitioner
Through: Mr M.R.Singh,Advocate,
VERSUS
NEW DELHI MUNICIPAL COUNCIL & ANR Respondents
Through: Mr Shoaib Haider,Advocate for GNCTD.
Through: Mr Shoaib Haider,Advocate for GNCTD.
AND
W.P.(C)1784/2015 & CM No.3I79/2015
AKBAR JAMAL Petitioner
Through: Mr N.K.Sahoo,Advocate,
AKBAR JAMAL Petitioner
Through: Mr N.K.Sahoo,Advocate,
VERSUS
NORTH DELHI MUNICIPAL CORPORATION DELHI AND ANR Respondents
Through: MsPrabhsahay Kaur,Advocate for R-1.
MrPankaj Batra,Advocate for R-2.
Through: MsPrabhsahay Kaur,Advocate for R-1.
MrPankaj Batra,Advocate for R-2.
CORAM:
HON'BLE MR.JUSTICE VIBHU BAKHRU
25.02.2015 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 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
■>
2015:DHC:10980 Vendors(Protection ofLivelihood and Regulation ofStreet Vending)Act, 2014(hereafterthe'Act')which hascome into force w.e.f.04.03.2014. The 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 from their respective sites till the Town
Vending Committee ofNDMC 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
Anr.,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
25.02.2015 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 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
■>
2015:DHC:10980 Vendors(Protection ofLivelihood and Regulation ofStreet Vending)Act, 2014(hereafterthe'Act')which hascome into force w.e.f.04.03.2014. The 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 from their respective sites till the Town
Vending Committee ofNDMC 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
Anr.,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
ORDER
ofthe Supreme Court in Maharashtra Ekta Hawkers
Union andAnother(supra)wherein it has been held as under:-
"16. Forfacilitating 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 the2009Policy. 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 of the Act, 2014 having come into force on 4th March, 2014, the appropriate forum to decide the lis between the parties is the
Committee.
-4 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.
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 j' 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. Healso points outthatthe directions have already been issued bythis Courtforconstitution 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 ofinterms 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 25,2015 MK
Union andAnother(supra)wherein it has been held as under:-
"16. Forfacilitating 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 the2009Policy. 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 of the Act, 2014 having come into force on 4th March, 2014, the appropriate forum to decide the lis between the parties is the
Committee.
-4 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.
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 j' 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. Healso points outthatthe directions have already been issued bythis Courtforconstitution 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 ofinterms 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 25,2015 MK