Full Text
% 15.06.2011
Present: Mr. Anand Shailani, Adv. for the petitioners in W.P.(C) Nos.
4311/2011, 4314/2011, 4315/2011, 4320/2011, 4321/2011, 4323/2011 and 4325/2011.
Mr. Ramesh K. Mishra and Mr. Sumit K. Singh, Advs. for the petitioners in W.P. (C) Nos. 4313/2011, 4316/2011, 4317/2011 and
4318/2011.
Mr. Bharat B. Sawhney, Sr. Adv. with Ms. Indra Sawhney & Mr. Lakshay Sawhney, Advs. for the petitioners in W.P.(C) NO. 4312/2011.
Ms. Indra Sawhney & Mr. Lakshay Sawhney, Advs. for the petitioner in W.P. (C) No. 4319/2011.
Mr. P.C. Sen, Adv. for the NDMC/respondent no. 1 in all the petitions
Ms. Neha Kapoor for Mr. Nazmi Waziri, Adv. for Delhi Police.
+CM No. 8837/2011 in W.P. (C) No. 4311/2011. CM No. 8841/2011 in W.P.
(C) No. 4314/2011, CM No. 8843/2011 in W.P. (C) No. 4315/2011, CM NO. 8850/2011 in W.P. (C) No. 4320/2011, CM No. 8852/2011 in W.P. (C) NO. 4321/2011, CM No. 8856/2011 in W.P. (C) No. 4323/2011, CM No. 8885/2011 in W.P. (C) No. 4325/2011 (All for exemption)
Allowed, subject to just exceptions.
W.P. (C) No. 4311/2011 and CM No. 8836/2011 (Application for directions)
>W.P. (C) No. 4312/2011 and CM No. 8838/2011 (Application for stay)
W.P. (C) No. 4313/2011 and CM No. 8839/2011 (Application for directions)
W.P. (C) No. 4314/2011 and CM No. 8840/2011 (Application for directions)
»W.P. (C) No. 4315/2011 and CM No. 8842/2011 (Application for directions)
W.P. (C) No. 4316/2011 and CM No. 8844/2011 (Application for directions)
V.P. (C) No. 4317/2011 and CM No. 8845/2011 (Application for stay)
W.P. (C) No. 4318/2011 and CM No. 8846/2011 (Application for directions)
W.P. (C) No. 4319/2011 and CM No. 8848/2011 (Application for stay)
W.P. (C) No. 4320/2011 and CM No. 8849/2011 (Application for directions)
W.P. (C) No. 4321/2011 and CM No. 8851/2011 (Application for directions)
W.P. (C) No. 4323/2011 and CM No. 8855/2011 (Application for directions)
W.P. (C) No. 4325/2011 and CM No. 8859/2011 (Application for directions)
2011:DHC:17340
JUDGMENT
1. The petitioner, in each of the petitions claims to have applied to the Vending Committee of the respondent NDMC for allotment of the tehbazari site in accordance with the National Policy on Urban Street Vendors and further claim that their applications are pending consideration. By these writ petitions, they seek protection against dispossession from their existing sites as disclosed in the writ >f;:3titions, till the decision by the Vending Committee. They rely upon the order dated 25'*^ May, 2011 passed in W.P. (C) No. 3364/2011titled Deepak Singh v. ^NDMC and other connected writ petitions and contend that they are similarly placed as the petitioners therein and are entitled to the protection.
2. The order dated 25"^ May, 2011 was also followed in the orders dated 3'^'^ June, 2011 and 10^'^ June, 2011 inWrit Petition (C) Nos. 4068/2011 and 4267/2011 respectively. ^ 3. The counsel for the respondent/NDMC appearing on advance notice has ikirly stated that the instant writ petitions be disposed of on the same terms. Accordingly, these petitions are disposed of with the direction to the.Respondent NDMC to not disturb the petitioners from their present hawking / vending/squatting sites as stated in the respective petitions till the Vending Committee completes the exercise of determining the status of their eligibility. The same is however subject to the following three conditions:-
5. It is further ordered that if any of the petitioner(s) are found eligible for ^ allotment of a vending site under the scheme, the aforesaid interim protection will continue to operate in their favour till such time that the respondent NDMC implements the scheme of allotment ofthe vending sites.
6. The petitions and all pending applications are disposed of. No order as to costs. Dasti under signatures ofthe Court Master. r ^ \ RAJIV SAHAIENDLAW (VACATION JUDGE) June 15,2011 Sd.