Shankar Gupta and Anr v. New-Delhi Municipal Council

1. The present petition has been instituted on behalf of the petitioners under Article 226 of the Constitution of India, 1950, praying as follows: “(I)To issue a writ of mandamus or appropriate writ ordirection or order directing the respondent formodification / separation or bifurcation of theexisting Tehbazri records in the name of petitioners interms of order dated 07.06.1999; (II)To issue a writ of mandamus or appropriate writ ordirection or order directing the respondent forcollection of Tehabazri fees from each petitionersseparately for the area measuring 3’x 4’;

(III) And to pass such other and further order ororders as this

2. Issue notice.

3. Mr. Harsha Peechara, learned ASC, accepts notice on behalf of New Delhi Municipal Council.

4. The present writ petition is a gross abuse of the process of law. In the first instance, the petitioner placed reliance on a recommendation made by the Thareja Committee, as far back as in the year 1994. It is evident that the petitioner has not articulated any grievance since that time either before this Court except addressing representations to the Municipal Corporation of Delhi.

5. The filing of representations does not entitle the petitioner to seek redressal of a stale claim, as is clarified in the judgment of the Hon’ble Supreme Court in the case of ‘C. Jacob v. Director of Geology and Mining &Anr.’ (2008) 10 SCC 115. Even otherwise, it is observed that the petitioner and his brother were jointly allotted the subject site by the New Delhi Municipal Council as far back as in the year 1999.

6. The petitioners have admittedly been vending from that site jointly since then. It is also an admitted position that the petitioners had filed the representation dated 16.09.2022, which has been responded to, by the NDMC in the following manner:- “ENFORCEMENT DEPARTMENT (NORTH)

NEW DELHI MUNICIPAL COUNCIL PRAGATI BHAWAN: JAI SINGH ROAD NEW DELHI-110001 Sh. Shanker Gupta & Anup Kumar S/o Sh. Mangal Prasad Tehbazari No. 134-T-48 Connaught Place New Delhi-110001 Sub: Regarding Tehbazari No. 134-T-48, N Block, Connaught Place, New Delhi. Kindly refer to your request dated 16.09.2022 seeking separation of TehbazariNo.134-T-48, (6x[4]) N Block Connaught Place, New Delhi into two parts i.e. one in the name of Sh. Shanker Gupta (4x[3]) allotted by Chaturvedi Committee appointed by Supreme Court of India.

2. In this context, it is submitted that the alleged Tehbazari had allotted in the year 1999 by Chaturvedi Committee based on the recommendation of Thareja Committee. Now, appropriate legislation regarding street vending has been promulgated by Govt. of India known as Street Vendor Act, 2014 and all the power for regulation of street vending has been delegated.

3. In view of this, at this or any other Stage, it is not possible for the NDMC to consider your request, as the appropriate authority is the TVC which will be constituted as and when survey is completed by the present TVC under the Scheme 2019.

4. This has the approval of Director (Enf.) North. MI (HQ), Enf. North”

7. There is no gainsaying the legal position,thereafter coming into force of the Street Vendors (protection of livelihood andregulation of street vending) Act, 2014, the Rules and theScheme, the power to permit vending rests solely, in the first instance, with the duly constituted Town Vending Committee.

8. In view of the foregoing, the present writ petition is devoid of merits and the same is hereby dismissed and disposed of accordingly.

9. The copy of this judgment be uploaded on the website of this Court forthwith.

SIDDHARTH MRIDUL, J (JUDGE) TALWANT SINGH, J (JUDGE) MAY 29, 2023 Click here to check corrigendum, if any