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Mr AshutoslV Lohia, Adv.for NDMC.
Mr Shoaib Haider, proxy counsel for Mr Najmi Wazin, Adv. for GNCTD.
CM No.9()35/2011 Bxemption allowed,subject to alljust exceptions.
The application stands disposed of.
W.P.
(O N0.4429/2Q11 & CM No.9034/2011 The learned counsel for the petitioner states that the petitionei
\ has been selling permissible items since long at the squatting site i.e. near
^ Toilet,NearJanpath Lane,ParliamentStreet,New Delhi,which falls under the control of the respondent No.l. Learned counsel for the petitioner
^ submits that the petitioner has filed an.application for allotment of the tehbazari site in question before the Vending Committee ofthe respondent
No.l, which is pending consideration. However, m the meantime, the respondent no.l/NDMC is threatening to dispossess the petitioner from the squattingsitein question. Itis furtherstated that m view ofthe provisionsof the National Capital Territory ofDelhi Laws(Special Provisions)Act,2011, which has mandated status quo to be maintained as on the Cday ofJanuary, 2011:DHC:17448
2006 in respect of encroachment or unauthorized development till 3r'
December,2011,the respondent No.l/NDMC be directed not to disturb the petitioner fi
'om his present vending/hawking site till the Vending Committee decides his eligibility or otherwise. Ihe counsel for the petitionei lefeis to orders dated 25^'' May, 2011 and 3"' June, 2011 passed by this Court in similar matters,being W.P.(C)3364/201 1 and W.P.(C)4068/201 1. llaving regard to the submissions made by the counsel for the parties,.this writ petition is disposed of with a direction to the respondent
No.1/NDMC to not disturb the petitioner from his present hawking/squatting site as stated in the petition, till the Vending Committee completes the exercise ofdetermining the status ofhis eligibility, while leaving open other issues raised in the present petition, including applicability of the National
Capital ferritory of Delhi Laws (Special Provisions) Act, 201 1. The aforesaid order is subject to the conditions, namely,.the petitioner shall not
^ induct anyone else at the hawking site and undertakes not to deal m any licensable articles and to comply with the requirements of the National
Policy for Urban Street Vendors and the MasterPlan for Delhi 2021.
JUDGMENT
1 It IS further ordered that if the petitioner is found eligible for allotment of vending sites under the scheme,the aforesaid interim protection y- I m I:) will continue to operate in his favour till such time that the respondent No.l/KDMC implements the scheme ofallotment ofthe vending sites. ■[lie writ petition is disposed of along with the pending application. Dasti under the signature of the Court Master. MANMOHA^INCTI (VACATION JUDGE) JUNE 22, 2011. ^ N wjo- ^ $-9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)4429/2011 JAGDISH KUMAR Petitioner Through Mr.Satish K.Tripathi,Adv.
VERSUS
NEW DELHI MUNICIPAL COUNCIL & ANR. Respondents Through Mr.Vipul Ganda,Mr.Tarun Mehta, Mr.Gurmehar Sistani and Mr.S.K. Giri,Advs. CORAM: HON'BLE MS.JUSTICE INDERMEET KAUR ORDER % 18.07.2016 C.M.No.22372/2016 By way of this application, the applicant/respondent No. 1 is seeking modification ofthe order dated 09.09.2010. His contention is that the protection afforded to the petitioner in terms ofpara 6 ofthe said order is not called for. On advance notice, learned counsel for the petitioner/nonapplicant has put an appearance. His submission is that the order calls for no interference. His alternate submission is that this application is even otherwise not maintainable. Be that as it may,learned counsel for the applicant admits the fact that in terms ofSection 3(3)ofthe Street Vendors(Protection of Livelihood and Regulation of Street Vending) Act, 2014, there is a general protection afforded to the street vendors and the -5 (s) applicant/respondent No. 1 will act in accordance with the complete directions as contained in para 26 of the judgment ofthe Division Bench ofthis Court in LPA No.136/2016 Bhola Ram Vs. NDMC & Anr. No further orders are called for on this application. It is disposed of. Order be given dasti undersignatures ofthe/CourtMaster.
INDERMEET KAUR,J JULY 18,2016 A