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%22.06.2011
Present; Mr SatisliKumar Tripatlii, Adv. for petitioner.
Mr Asliutosh Lohia, Adv. for NDMC.
Mr Slioaib Haider, proxy counsel for Mr Najmi Waziri, Adv. for GNCTD.
+ CM No.9015/2011
Exemption allowed, subject to alljust exceptions.
The application stands disposed of.
^ W.P. (O No.4416/2011 & CM No.9014/2011
The learned counsel for the petitioner states that the petitioner has been selling permissible items since long at the squatting site i.e. near
Janpath Market, at Janpath Subway, in front of LIC Building, Connaught
Place, New Delhi, which falls under the control of the respondent No.l.
Learned counsel for the petitioner submits that the petitioner has filed an
• in application for allotment ofthe tehbazari site mquestion before the Vendmg
] j
Committee of the respondent No.l, which is pending consideration.
However, in the meantime, the respondent no.l/NDMC is tlireatening to dispossess the petitioner from the squatting site in question. It is fiirther' stated that in view of the provisions of the National Capital Territory of
Delhi Laws (Special Provisions) Act, 2011, which has mandated status quo
2011:DHC:17408
¥
J
2; to be maintained as on the 1®' day of January, 2006 in respect of encroachment or unauthorized development till 31®^ December, 2011, the respondent No.l/NDMC be directed not to disturb the petitioner from liis present vending/hawking site till the Vending Committee decides his eligibility or otherwise. The counsel for the petitioner refers to orders dated
25'^' May, 2011 and 3"^ Jime, 2011 passed by this Court in similar matters, being W.P. (C) 3364/2011 and W.P. (C) 4068/2011.
Having regard to the submissions made by the counsel for the parties, this writ petition is disposed ofwith a direction to the respondent
No.l/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 ofthe National
^ Capital Territory of Delhi Laws (Special Provisions) Act, 2011. 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 in any licensable articles and to comply with the requirements of the National
Policy for Urban Street Vendors and the Master Plan for Delhi 2021.
It is further ordered that if the petitioner is found ehgible for allotment of vending sites under the scheme, the aforesaid interim protection will continue to operate in his favour till such time that the respondent
No.l/NDMC implements the scheme of allotment of the vending sites.
The writ petition is disposed of along with the pending application. Dastiunderthe signature of the Court Master.
%22.06.2011
Present; Mr SatisliKumar Tripatlii, Adv. for petitioner.
Mr Asliutosh Lohia, Adv. for NDMC.
Mr Slioaib Haider, proxy counsel for Mr Najmi Waziri, Adv. for GNCTD.
+ CM No.9015/2011
Exemption allowed, subject to alljust exceptions.
The application stands disposed of.
^ W.P. (O No.4416/2011 & CM No.9014/2011
The learned counsel for the petitioner states that the petitioner has been selling permissible items since long at the squatting site i.e. near
Janpath Market, at Janpath Subway, in front of LIC Building, Connaught
Place, New Delhi, which falls under the control of the respondent No.l.
Learned counsel for the petitioner submits that the petitioner has filed an
• in application for allotment ofthe tehbazari site mquestion before the Vendmg
] j
Committee of the respondent No.l, which is pending consideration.
However, in the meantime, the respondent no.l/NDMC is tlireatening to dispossess the petitioner from the squatting site in question. It is fiirther' stated that in view of the provisions of the National Capital Territory of
Delhi Laws (Special Provisions) Act, 2011, which has mandated status quo
2011:DHC:17408
¥
J
2; to be maintained as on the 1®' day of January, 2006 in respect of encroachment or unauthorized development till 31®^ December, 2011, the respondent No.l/NDMC be directed not to disturb the petitioner from liis present vending/hawking site till the Vending Committee decides his eligibility or otherwise. The counsel for the petitioner refers to orders dated
25'^' May, 2011 and 3"^ Jime, 2011 passed by this Court in similar matters, being W.P. (C) 3364/2011 and W.P. (C) 4068/2011.
Having regard to the submissions made by the counsel for the parties, this writ petition is disposed ofwith a direction to the respondent
No.l/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 ofthe National
^ Capital Territory of Delhi Laws (Special Provisions) Act, 2011. 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 in any licensable articles and to comply with the requirements of the National
Policy for Urban Street Vendors and the Master Plan for Delhi 2021.
It is further ordered that if the petitioner is found ehgible for allotment of vending sites under the scheme, the aforesaid interim protection will continue to operate in his favour till such time that the respondent
No.l/NDMC implements the scheme of allotment of the vending sites.
The writ petition is disposed of along with the pending application. Dastiunderthe signature of the Court Master.
(VACATION JUDGE)
JUNE 22, 2011 jk
JUNE 22, 2011 jk
JUDGMENT