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Delhi High Court · 26 Sep 2011 · 2011:DHC:16069
Hima Kohli
WP(C) No. 7052/2011 & connected matters
2011:DHC:16069
administrative petition_dismissed

AI Summary

The Court dismissed writ petitions filed by vendors seeking protection from displacement for non-exhaustion of statutory grievance redressal remedies and allowed withdrawal with liberty to approach the designated municipal forums.

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Present : Mr. Anurag Jain, Adv. for the petitioners.
Mr. N.K. Jha, Adv. for MCD in
WP(C)Nos. 7052/20tL, 7057 /201 1 and 7058/20It.
Ms. Manpreet Kaur, proxy counsel for Mr. Mukesh Gupta, Adv. for MCD in WP(C)Nos.7063/20IL, 7064/2OIL &
7 06s/20rI.
Ms. Suparna Srivastava, Adv. for MCD in
WP(C)Nos. 7055/20Lt, 7060/2011 & 7061/20tL.
Mr. Ajay Arora, Adv. for MCD in
WP(C)Nos.7054/20Lt, 7066/2011 & 7067 /201L.
+ WP(C)No.7O52l2O11 & C.Ms. No.16118-19/2O11
+ WP(C)No.7O54l2O11 & C.Ms. No.16121-22/2O11
+ WP(C)No.7O55l2O11 & C.Ms. No.16123-24/2O11
+ WP(C)No.7O57l2O11 & C.Ms. No.16127-28/2O11
+ WP(C)No.7O58l2O11 & C.Ms. No.15129-3O/2O11
+ WP(C)No.7O6Ol2O11 & C.Ms. No.16131-32/2O11
+ WP(C)No.7O61l2O11 & C.Ms. No.16133-34/2O11
+ WP(C)No.7063/2O11 & C.Ms. No.16138-39/2O11
+ WP(C)No.7O64l2O11 & C.Ms. No.1614O-41/2O11
+ WP(C)No.7O65l2O11 & C.Ms. No.16142-43/2O11
+ WP(C)No.7O66l2O11 & C.Ms. No.16144-45/2O11
+ WPCC)No.7O67l2O11 & C.Ms. No.16146-47l2O11
The present batch of petitions has been filed by the petitioners, who claim to be vendors/squatters by profession and selling vegetables from the sites near DDA Flats Park, Katwaria Sarai, Delhi, praying inter alia for directions to the respondent/MCD not to displace them from their work place.
It is stated that the petitioners in WP(C)No.7052/20II, 7057/2OfI, 7O6I/2OLI, 7066/2011 and 7067/2Ot1 have approached the MCD by filing
WP(C) No.7052/20 1 I & connected matters
2011:DHC:16069
*f 2 applications in the year 2OO7 for being considered for allocation of permanent sites for squatting, which are pending at the end of MCD, and no further information has been received as to their status from the respondent/MCD.
Counsel for the respondent/MCD, who appears on advance coPY, states that the present petitions are not maintainable as there is a three-tier dispute redressal forum constituted for redressing the grievances of vendors in the jurisdiction of MCD, which the petitioners are required to approach in the first instance, instead of rushing to this
Court.
At this stage, counsel for the petitioners seeks leave to withdraw the present petitions, while reserving the right of the petitioners to approach the Ward Vending Committee, MCD for redressal of their grievances as raised in the present petitions. Leave, as prayed for, is g ra nted.
In case the representations of the petitioners are pending consideration before.the Committee, the respondent/MCD shall ensure that necessary steps are taken to communicate the order passed today to the concerned Committee, for disposal of the same expeditiously, under written intimation to the petitioners.
The petitions are dismissed as withdrawn, along with the pending applications.
SEPTEMBER 26, 2jLl/sk
WP(C)No.7O52/2011 & connected matters
HIMA KOHLI,J
2011:DHC:16069
JUDGMENT