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W.P.(C)6281/2019,C.M.APPL.26877/2019
MUKESH Petitioner
Through : Mr. N.K. Sahoo and Ms. S.B. Sahoo, Advocates.
Through : Ms. Namrata Mukim and Ms. Kashpi Agrawal,Advocates along with Mr.Basant,LI,for respondentNo.I.
Mohd.Irsad,Advocate,for respondentNo.2.
LALIT Petitioner
Through : Mr. N.K. Sahoo and Ms. S.B. Sahoo, Advocates.
Through : Mr. Akshay Verma, Advocate, for respondentNo.I.
Mr. Satinder Singh Bawa, Advocate, for respondentno.2.
HON'BLE MS.JUSTICE ASHA MENON
19.11.2019
2019:DHC:7667-DB W.P.ra 6281/2019, C.M. APPL.26877/2019 (bv the petitioner for granting interim relief)
W.P.tO 6292/2019, C.M. APPL.26892/2019 (bv the petitioner for granting interim relief)
ORDER
1. The present petitions have been filed by the petitioners/brothers praying inter alia that the respondent No.l/North Delhi Municipal Coiporation('Nr.DMC')be restrained jfrom disturbing them from the sites where they are squatting, i.e. opposite.6-lJB, Jawahar Nagar, Bunglow Road,Kamla Nagar,Delhi-7,till an appropriate certificate is issued in their favour by the Town Vending Committee ('TVC') constituted under the Street Vendors(Protection ofLivelihood and Regulation ofStreet Vending) Act,2014,for conducting a survey in the area.
2. A Status Report has been filed by the respondent No.l/Nr.DMC stating inter alia that the petitioners are rank encroachers on public land; thatthe site in question,is a non-squatting area and no person,including the petitioners can claim to squat or vend at the said site; that as per the list of squatting areas falling in the zone,only five stretches mentioned at S. Nos. 67 to 71 of the enclosed list have been declared as squatting areas in the Kamla Nagar Ward and all the restofthe sites are non-squatting areas.
3. Learned counselfor the respondentNo.1/Nr.DMC submitsthat during the course ofinspection conducted at the site, it was noticed that neither of the petitioners are squatting there and in fact,they had taken a shop on hire opposite 6-UB, Jawahar Nagar and were running a trade, of readymade garments, leather goods etc. from there.Photographs ofthe area wherethe W.P. (C)6281/2019 Page2of[3] petitioners claim they were squatting have been placed at Annexure-B. The said photographs which were taken by the Inspector, Nr.DMC in the month ofAugust2019 reveal thatthere are no squatters atthe site.
4. On enquiring from the learned counsel for the petitioners as to whether it is correctthatthe petitioners have taken a shop on rentin the area, initially learned counsel for the petitioners had vehemently denied the same but later on,concedes that because the petitioners were facing harassment at the hands ofthe local Inspector,they had moved to a shop from where they have been selling readymade garments etc.
5. The very fact that the petitioners can afford to occupy a shop in a prime market area like Kamla Nagar shows thatthey do not deserve to claim thatthey are squatters.In any case,the area being a no-squatting/no-vending area,we decline to entertain the present petitions,which are dismissed.Ifthe petitioners have a grievance,they are entitled to take appropriate recourse in law under Street Vendors(Protection ofLivelihood and Regulation ofStreet Vending)Act,2014.
6. The writ petitions are dismissed along with the pending applications. HIMA KOHLI,J ASHA MENON,J NOVEMBER 19,2019 ajk/ap fV.F.