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11.
.xt #10 to 19, 22 HIGH COURT OF DELHI
W.P.(C) 6893/2008
PREM SHANKAR GUPTA & ORS Petitioners
Through Mr. Amit Chadha, Senior Advocate with Mr. Tarveen Singh Nanda, Advocate
11.
.xt #10 to 19, 22 HIGH COURT OF DELHI
W.P.(C) 6893/2008
PREM SHANKAR GUPTA & ORS Petitioners
Through Mr. Amit Chadha, Senior Advocate with Mr. Tarveen Singh Nanda, Advocate
VERSUS
D.D.A. & ORS.
Through Respondents Ms. Shobhna Takiar, Advocate for
DDA.
Ms. Mini Pushkama, Standing Counsel with Ms. Yoothica Pallavi, Advocates for SDMC.
Mr. Yogesh Saini, Advocate for R-3.
Through Respondents Ms. Shobhna Takiar, Advocate for
DDA.
Ms. Mini Pushkama, Standing Counsel with Ms. Yoothica Pallavi, Advocates for SDMC.
Mr. Yogesh Saini, Advocate for R-3.
WITH
W.P.(C) 6894/2008
RAJESH & ORS.
Through
RAJESH & ORS.
Through
VERSUS
D.D.A. & ORS.
Through Petitioners Mr. Amit Chadha, Senior Advocate with Mr. Tarveen Singh Nanda, Advocate
DDA.
2014:DHC:7505 V 12.
13.
14.
AND
Through Petitioners Mr. Amit Chadha, Senior Advocate with Mr. Tarveen Singh Nanda, Advocate
DDA.
2014:DHC:7505 V 12.
13.
14.
AND
W.P.(C) 1045/2010
VIPIN NARANG AND ORS Petitioners
Through Mr. Suman Chauhan with Mr. Jivesh Tiwari, Advocates
VIPIN NARANG AND ORS Petitioners
Through Mr. Suman Chauhan with Mr. Jivesh Tiwari, Advocates
VERSUS
MCD AND ANR
Through
Through
W.P.(C) 2545/2010
Mr. Kapil Dutta, Advocate for MCD.
Mr. Arun Birbal with Mr. Sanjay Singh, Advocates for DDA.
AND
VIRENDER AND ORS Petitioners
Through Dr. Sumant Bhardwaj, Advocate
Mr. Kapil Dutta, Advocate for MCD.
Mr. Arun Birbal with Mr. Sanjay Singh, Advocates for DDA.
AND
VIRENDER AND ORS Petitioners
Through Dr. Sumant Bhardwaj, Advocate
VERSUS
DDA AND ORS
Through
Through
W.P.(C) 4595/2010
DDA.
Ms. Mansi Gupta, Advocate for MCD.
AND
RAM BABU GUPTA AND ORS Petitioners
Through Dr. Sumant Bhardwaj, Advocate
DDA.
Ms. Mansi Gupta, Advocate for MCD.
AND
RAM BABU GUPTA AND ORS Petitioners
Through Dr. Sumant Bhardwaj, Advocate
VERSUS
Through DDA.
15.
16.
Mr. Abhay Pratap Singh, Proxy Counsel for Mr. Gaurang Kanth, Advocate for MCD.
Mr. Rajiv Nnada, ASC of Govt. of NCT of Delhi for Delhi Police.
AND
15.
16.
Mr. Abhay Pratap Singh, Proxy Counsel for Mr. Gaurang Kanth, Advocate for MCD.
Mr. Rajiv Nnada, ASC of Govt. of NCT of Delhi for Delhi Police.
AND
W.P.(C) 5487/2010
NISHA SINGH & ANR
Through MCD & ORS
NISHA SINGH & ANR
Through MCD & ORS
VERSUS
Through Mr. Suman Chauhan with Mr. Jivesh Tiwari, Advocates
DDA.
Mr. Mukesh Gupta, Advocate for SDMC.
AND
DDA.
Mr. Mukesh Gupta, Advocate for SDMC.
AND
W.P.(C) 5689/2010
ARVIND GUPTA & ORS
Through
ARVIND GUPTA & ORS
Through
VERSUS
MCD & ANR
Through Mr. Jitender Ratta with Mr. Rakesh Nautiyal, Advocates
Mr. Mukesh Gupta, Advocate for SDMC.
Mr. Rajiv Bansal with Ms. D. Ray Chaudhury and Ms. Arpita, Advocates for DDA.
AND
17.
18.
19.
Through Mr. Jitender Ratta with Mr. Rakesh Nautiyal, Advocates
Mr. Mukesh Gupta, Advocate for SDMC.
Mr. Rajiv Bansal with Ms. D. Ray Chaudhury and Ms. Arpita, Advocates for DDA.
AND
17.
18.
19.
W.P.(C) 8146/2010
VIJAY KUMAR &ORS
Through
VIJAY KUMAR &ORS
Through
VERSUS
D D A & ORS
Through <3 Mr. Gurbaksh Singh with Ms. Richa Samhia, Advocates
DDA.
Ms. Saroi Bidawat, Advocate for MCD.
AND
Through <3 Mr. Gurbaksh Singh with Ms. Richa Samhia, Advocates
DDA.
Ms. Saroi Bidawat, Advocate for MCD.
AND
W.P.(C) 3891/2011
SANJAY GUPTA
Through
SANJAY GUPTA
Through
VERSUS
Through
W.P.(C) 4577/2011
Petitioner Mr. Ajit Dayal with Mr. Lohit Bimal, Advocates
DDA.
Mr. Pradeep Desodya with Ms. Anjana Gosain, Advocates for
R-3/SH0.
AND
OM PRAKASH SHARMA Petitioner
Through Mr. AjitDayal withMr. LohitBimal, Advocates
22.
DDAANDORS
Petitioner Mr. Ajit Dayal with Mr. Lohit Bimal, Advocates
DDA.
Mr. Pradeep Desodya with Ms. Anjana Gosain, Advocates for
R-3/SH0.
AND
OM PRAKASH SHARMA Petitioner
Through Mr. AjitDayal withMr. LohitBimal, Advocates
22.
DDAANDORS
VERSUS
Through Ms. Shobhna Takiar, Advocate for DDA.
AND
AND
W.P.(C) 5172/2012
HARI OM GUPTA & ORS
Through Dr. SumantBhardwaj, Advocate MCD&ANR
HARI OM GUPTA & ORS
Through Dr. SumantBhardwaj, Advocate MCD&ANR
VERSUS
Through Mr. Mukesh Gupta, Advocate for SDMC.
.Mr. Devendra Kumar, Proxy Counsel for Mr. Anjum Javed, Advocate for
Delhi Police.
.Mr. Devendra Kumar, Proxy Counsel for Mr. Anjum Javed, Advocate for
Delhi Police.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
13.10.2014
13.10.2014
CM APPL. 11250/2012 in W.P.(C) 6893/2008
Keeping in view the averments in the application, delay in moving the impleadment application by legal heirs ofpetitioner no. 1 is condoned.
Accordingly, the application stands allowed.
Keeping in view the averments in the application, delay in moving the impleadment application by legal heirs ofpetitioner no. 1 is condoned.
Accordingly, the application stands allowed.
CM APPL. 11249/2012 in W.P.fO 6893/2008
Present application has been filed for bringing on the legal heirs of petitioner no. 1 on record.
Keeping in view the averments in the application, same is allowed subject tojust exceptions. However, it is clarified thatapplicants would still have to apply in terms of the Street Vendors (Protection of Livelihood and
Regulation of Street Vendmg) Act, 2014 for change oftehbazari licence.
W.Ps(C) 6893/2008 & & CM APPLs. 5519/2011. 5520/2011. 5521/2011, 20350/2011. W.P.(C) 6894/2008 & CM APPL. 10480/2012. W.P.(C)
1045/2010. W.P.(0 2545/2010. W.P.(C) 4595/2010. W.P.fC^ 5487/2010, &
Present application has been filed for bringing on the legal heirs of petitioner no. 1 on record.
Keeping in view the averments in the application, same is allowed subject tojust exceptions. However, it is clarified thatapplicants would still have to apply in terms of the Street Vendors (Protection of Livelihood and
Regulation of Street Vendmg) Act, 2014 for change oftehbazari licence.
W.Ps(C) 6893/2008 & & CM APPLs. 5519/2011. 5520/2011. 5521/2011, 20350/2011. W.P.(C) 6894/2008 & CM APPL. 10480/2012. W.P.(C)
1045/2010. W.P.(0 2545/2010. W.P.(C) 4595/2010. W.P.fC^ 5487/2010, &
CM APPL. 10808/2011). W.P.(C) 5689/2010 & CM APPLs. 11184/2010.
11510/2011. W.P.(G) 8146/2010. W.P.(C^ 3891/2011. W.P.fO 4577/2011, W.P.(C) 5172/2012 & CM APPL. 10569/2012
Present writ petitions have been filed seeking directions to respondents not to displace/dislocate the petitioners from their respective squatting sites atNehru Place, New Delhi till allotment oftehbazari sites and to implementthe Act No. 43 of2007.
Mr. Amit Chadha, learned senior counsel appearing for petitioners states that petitioners are the tehbazari holders who are functional as of today. He, however, states that petitioners have not been officially allotted tehbazari sites.
Learned counsel for respondent-DDA state thatNehru Place has been notified as 'No Hawking Zone' and after development the area has been handed over to respondent-Corporation.
This Court is of the view that the present writ petitions have been overtaken by subsequent events inasmuch as the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereinafter referred to as 'Act, 2014') has come into force on 4^^ March, 2014. The Act, 2014 provides for constitution of a Committee which is to conduct survey of existing street vendors and frame a scheme for relocation.
In the opinion of this Court, Section 3(3) of the Act, 2014 clearly states that no street vendor shall be evicted or relocated till the survey to be carried out by the Committee has been completed and certificate of vending has been issued to all street vendors.
Consequently, State Government is directed to make the Town
Vending Committee functional within a period of eight weeks. Petitioners are also permitted to simultaneously file their representations with the
Committee within a period of eight weeks.
Upon the said representations being filed, the Committee is directed to decide the same expeditiously, preferably within six months.
With the aforesaid direction, the present writ petitions and applications are disposed of
Order dasti.
MANMOHAN, J OCTOBER 13, 2014 m
11510/2011. W.P.(G) 8146/2010. W.P.(C^ 3891/2011. W.P.fO 4577/2011, W.P.(C) 5172/2012 & CM APPL. 10569/2012
Present writ petitions have been filed seeking directions to respondents not to displace/dislocate the petitioners from their respective squatting sites atNehru Place, New Delhi till allotment oftehbazari sites and to implementthe Act No. 43 of2007.
Mr. Amit Chadha, learned senior counsel appearing for petitioners states that petitioners are the tehbazari holders who are functional as of today. He, however, states that petitioners have not been officially allotted tehbazari sites.
Learned counsel for respondent-DDA state thatNehru Place has been notified as 'No Hawking Zone' and after development the area has been handed over to respondent-Corporation.
This Court is of the view that the present writ petitions have been overtaken by subsequent events inasmuch as the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereinafter referred to as 'Act, 2014') has come into force on 4^^ March, 2014. The Act, 2014 provides for constitution of a Committee which is to conduct survey of existing street vendors and frame a scheme for relocation.
In the opinion of this Court, Section 3(3) of the Act, 2014 clearly states that no street vendor shall be evicted or relocated till the survey to be carried out by the Committee has been completed and certificate of vending has been issued to all street vendors.
Consequently, State Government is directed to make the Town
Vending Committee functional within a period of eight weeks. Petitioners are also permitted to simultaneously file their representations with the
Committee within a period of eight weeks.
Upon the said representations being filed, the Committee is directed to decide the same expeditiously, preferably within six months.
With the aforesaid direction, the present writ petitions and applications are disposed of
Order dasti.
MANMOHAN, J OCTOBER 13, 2014 m
JUDGMENT