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#S-49 HIGH COURT OF DELHI
JUDGMENT
VINAY TRIVEDI ..... Petitioner
Advocates who appeared in this case:
For the Petitioner : Mr. Ram Narayan Singh and Mr. Anand Chandra
Shailani, Advocates.
For the Respondents : Ms. Vaishali Gupta, Advocate for R-1 & R-3/GNCTD.
Mr. Sri Harsha Peechara, ASC along with Mr. Mannanjay Msihra, ASC with Ms. Harshita Gupta and
Mr. Shubham Kumar Mishra, Advocates for R- 2/NDMC.
HON’BLE MR. JUSTICE TALWANT SINGH
1. The present writ petition under Article 226 of the Constitution of India, has been instituted on behalf of the petitioner, praying as follows:- “It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to issue a writ of mandamus or any other appropriate writ, or direction:
Committee to conduct the survey of the Petitioner within time bound manner and to issue certificate of vending in favour of the Petitioner as per the provisions of the Street Vendors {protection of livelihood and regulation of street vending} Act 2014. Any other relief which this Hon'ble Court may deem fit and proper, may be granted in favour of the Petitioner, keeping in view overall facts and circumstances and also in the interest of justice.”
2. Issue notice.
3. Ms. Vaishali Gupta, learned counsel accepts notice on behalf of the respondent Nos.[1] and 3/GNCTD and Mr. Sri Harsha Peechara, learned Additional Standing Counsel accepts notice on behalf of the respondent No.2/NDMC.
4. Learned counsel appearing on behalf of the petitioner, limits the relief in the present writ petition, in relation to the prayer clause (B) (extracted herein above), of the present writ petition; and to consider the petitioner‟s representation dated 27.03.2019, which is annexed as Annexure P-4, to the present writ petition, at the time the TVC carry out the subject survey, in accordance with law.
5. Accordingly, it is relevant to highlight that this Court, vide order dated 16.02.2023, issued certain directions to the New Delhi Municipal Council (NDMC) and GNCTD in W.P. (C) 12459/2022, titled as „Bacchu Singh Paharia Vs. New Delhi Municipal Council & Anr.‟; which will extend to the present petitioner, as well, with equal force and vigour. The order dated 16.02.2023, passed in W.P. (C) 12459/2022, titled as „Bacchu Singh Paharia Vs. New Delhi Municipal Council & Anr.‟ is extracted herein below, in toto: „The present writ petition under Article 226 of the Constitution of India, has been instituted on behalf of the petitioner, praying as follows: “It is therefore, most respectfully prayed that this Hon'ble Court may be pleased to:a) Direct the Respondent no. 1 and 2 allow the petitioner to operate at his given vending site i.e. Near Shop No.36, Sarojini Nagar Market New Delhi till the final decision taken by the Town Vending Committee after completion of Survey. b) Issue a Writ, Order or Direction in the nature of Pass such other or further orders, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” Mr. Gautam Narayan, learned Additional Standing Counsel (Civil) appearing on behalf of the GNCTD states that the survey to be conducted by the duly constituted Town Vending Committee, shall commence forthwith, in accordance with the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street vending) Act 2014, as well as the Delhi Street Vendors (Protection of livelihood and regulation of street vending) Rules, 2017 and The Government of National Capital territory of Delhi Street Vendors (Protection of livelihood and regulation of street vending) Scheme, 2019. Mr. Sri Harsha Peechara, learned Additional Standing Counsel appearing on behalf of NDMC states, that they shall render assistance, as may be required by the GNCTD, in this behalf. Directed accordingly. No further relief is prayed for. With the above directions, the writ petition is disposed of accordingly. Pending applications also stand disposed of. Copy of the order be given dasti to learned counsel appearing on behalf of the parties.‟
6. Having regard to the facts and circumstances antecedent and attendant in relation to the present writ petition and having heard learned counsel appearing on behalf of the parties; we dispose of the present writ petition, with a direction to the Town Vending Committee, to determine the petitioner‟s representation dated 27.03.2019, in accordance with law, at an appropriate stage.
7. No further relief is prayed for.
8. The writ petition is disposed of accordingly. The pending application also stands disposed of.
9. A copy of this judgment be uploaded on the website of this Court forthwith.
SIDDHARTH MRIDUL (JUDGE)
TALWANT SINGH (JUDGE) MAY 22, 2023 Click here to check corrigendum, if any