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$-36 & 48 HIGH COURT OF DELHI W.P.(C) 4LV2()15
DEVENDER YADAV P.-tiiioner
DEVENDER YADAV P.-tiiioner
VERSUS
SOUTH DELHI MUNICIPAL CORPORATION (SDMC)& ANR. kc".jX)ndenis
AND
W.P.(C) 459/2015
KISHAN PAL Petiiioner
KISHAN PAL Petiiioner
VERSUS
SOUTH DEI HI MUNIClPAl, CORPORA riON & ANR. .Rospondcnls
Through: Mr Dharmender Shanna, Advdcale for petitioners.
Ms i^ija Kah'a, Advoeaie for SDM(..'.
Mr Pradccp Desodya and Ms .-vnjana vjoSairi, /vdvc'cate k>r K-J.
Through: Mr Dharmender Shanna, Advdcale for petitioners.
Ms i^ija Kah'a, Advoeaie for SDM(..'.
Mr Pradccp Desodya and Ms .-vnjana vjoSairi, /vdvc'cate k>r K-J.
CORAM:
HON'BLE MR. JUSTICF VilillL BAKHIUi O R 1) F k
16.0L2015 CM Nos.691-692/2015 in W.P.(C) 4LV2015
CM Nos.760-761/2015 in W.P.(C) 459/2015 Allowed, subjeei io all just exeepiiinis.
The applications stand disposed ol', W.P.(C) 413/2015 & CM No.693/2015
W'.P.fC) 459/2015 & CM No.762/2015 1he petitioners iia\f filed ihe p-resenl petitions seekiiisj, Liii restraining the respondents from disturbing the petitioners in earrvini; with their respective trades. The peiiiioners claim to be squaiiers -Ahd
2015:DHC:11492 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 of with a direction, enabling the petitioners to make representations before the Commitlee 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. 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 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 w. Municipal Corporation, Greater Mumhai and
Anr., 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
16.0L2015 CM Nos.691-692/2015 in W.P.(C) 4LV2015
CM Nos.760-761/2015 in W.P.(C) 459/2015 Allowed, subjeei io all just exeepiiinis.
The applications stand disposed ol', W.P.(C) 413/2015 & CM No.693/2015
W'.P.fC) 459/2015 & CM No.762/2015 1he petitioners iia\f filed ihe p-resenl petitions seekiiisj, Liii restraining the respondents from disturbing the petitioners in earrvini; with their respective trades. The peiiiioners claim to be squaiiers -Ahd
2015:DHC:11492 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 of with a direction, enabling the petitioners to make representations before the Commitlee 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. 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 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 w. Municipal Corporation, Greater Mumhai and
Anr., 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
JUDGMENT
ofthe Supreme Court in Maharashtra Ekta Hawker^
Union and Another (supra) wherein it has been held as under:-
"16. facilitating 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 of vending ' hawldng zones is completed in tenris oj the 2009 Policy. Once tlun exercise is completed, ihe\' shall be entitled to operate only in accordance wiih the orders/directions of the concerned Town Vending
Committee. " Learned counsel fcr respondenl-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) of Act, 2014.
Learned counsel for respondent-NDMC further siaies that in accordance with die Act, 2(J14, pciitioners should raise tlieir grievances before the fown 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 of toda} .
In rejoinder, learned counsel for petitioners vehement 1_\ disputes the contentions advanced by learned counsel loi- respondent-NDMC.
Having heard learned counsel for parties, this Court is of the view that disputed questions ot" fact are involved in the present petitions, fhis Court is also of the 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.
The Act. 2014 provides ibr 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( 1) 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 of eight weeks. u
Upon the said representations being filed, tlie Committee is directed lo decide the same expeditioiisly, preferably within six months.
With the albresaid 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 appointed, however, the correct fact is that the Committee is yet to be constituted. He also points out that the directions have already been issued by this Court for constitution of the Committee in a time bound manner and the Committee is expeC^d to be functional after a period of three months. hi the circumstances, the present petitions and the p.^ding applications arc 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.
JANUARY 16, 2015 MK VTBHU BAKHRU."!j
Union and Another (supra) wherein it has been held as under:-
"16. facilitating 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 of vending ' hawldng zones is completed in tenris oj the 2009 Policy. Once tlun exercise is completed, ihe\' shall be entitled to operate only in accordance wiih the orders/directions of the concerned Town Vending
Committee. " Learned counsel fcr respondenl-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) of Act, 2014.
Learned counsel for respondent-NDMC further siaies that in accordance with die Act, 2(J14, pciitioners should raise tlieir grievances before the fown 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 of toda} .
In rejoinder, learned counsel for petitioners vehement 1_\ disputes the contentions advanced by learned counsel loi- respondent-NDMC.
Having heard learned counsel for parties, this Court is of the view that disputed questions ot" fact are involved in the present petitions, fhis Court is also of the 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.
The Act. 2014 provides ibr 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( 1) 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 of eight weeks. u
Upon the said representations being filed, tlie Committee is directed lo decide the same expeditioiisly, preferably within six months.
With the albresaid 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 appointed, however, the correct fact is that the Committee is yet to be constituted. He also points out that the directions have already been issued by this Court for constitution of the Committee in a time bound manner and the Committee is expeC^d to be functional after a period of three months. hi the circumstances, the present petitions and the p.^ding applications arc 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.
JANUARY 16, 2015 MK VTBHU BAKHRU."!j