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\ $-1^16to 18&20 HIGH COURT OF DELHI ./W.P.(C)11904/2018&CM APPL.46108/2018
JYOTIKUMAR&ANR Petitioners
JYOTIKUMAR&ANR Petitioners
VERSUS
NEW DELHI MUNICIPAL COUNCIL Respondent
W.P.(C)11929/2018&CM APPL.46226/2018
SMT.ANOKHI Petitioner
SMT.ANOKHI Petitioner
VERSUS
NEW DELHIMUNICIPAL COUNCIL Respondent
W.P.(C)11931/2018&CM APPL.46229/2018
SH.JAGDISHPRASAD AND ORS. Petitioners
SH.JAGDISHPRASAD AND ORS. Petitioners
VERSUS
NEW DELPIIMUNICIPAL COUNCIL Respondent
W.P.(C)11942/2018&CM APPL.46263/2018
SH.SUSHILKUMAR Petitioner
SH.SUSHILKUMAR Petitioner
VERSUS
NEWDELHIMUNICIPALCOUNCIL Respondent
W.P.(C)11963/2018&CM APPL.46375-46376/2018
SH.DINESHYADAV AND ORS. Petitioners
SH.DINESHYADAV AND ORS. Petitioners
VERSUS
NEWDELHIMUNICIPALCOUNCIL Respondent Present: Mr.R.N.Singh and Mr.Anand Shailani, Advocates for petitionersinItem Nos.14,16to 18and20.
Sri Harsha Peechara, Standing Counsel for NDMC with
2018:DHC:8814-DB Mr.Tushar Sannu,Mr.Aditya Vikram Singh and Ms.Vidhi Jain, Advocatesforrespondent/NDMC inItemNos.14,16,17&20.
Mr.Malvika Trivedi, ASC, Mr.Tushar Sannu, ASC and
Mr.AnkitJain,Advocateforrespondent/NDMCinItem No.18.
Sri Harsha Peechara, Standing Counsel for NDMC with
2018:DHC:8814-DB Mr.Tushar Sannu,Mr.Aditya Vikram Singh and Ms.Vidhi Jain, Advocatesforrespondent/NDMC inItemNos.14,16,17&20.
Mr.Malvika Trivedi, ASC, Mr.Tushar Sannu, ASC and
Mr.AnkitJain,Advocateforrespondent/NDMCinItem No.18.
CORAM:
HON'BLE MR.JUSTICE G.S.SISTANI
HON'BLE MS.JUSTICE JYOTISINGH
ORDER o/„ 02.11.2018
CM.APPIv.46109/2018 texemptionlin W.P.(CI 11904/2018
HON'BLE MS.JUSTICE JYOTISINGH
ORDER o/„ 02.11.2018
CM.APPIv.46109/2018 texemptionlin W.P.(CI 11904/2018
CM.APPL.46227/2018 rexemptionlin W.P.(C)11929/2018
CM.APPl^.46230/2018 texemptionlin W.P.(C)11931/2018
CM.APPl^.46264/2018 texemptioniin W.P.(C)11942/2018
CM.APPl^.46376/2018 texemptionlin W.P.(C)11963/2018
Exemptions allowed,subjectto alljustexceptions.
The applications stand disposed of.
W.P.tCJ 11904/2018&CM APPL.46108/2018
W.P.tCJ 11929/2018&CM APPl•46226/2018
W.P.rCl 11931/2018&CM APPU.46229/2018 W.P.fCl 11942/2018&CM APPU-46263/2018
W.P.tCJ 11963/2018&CM APPL.46375/2018 Theseare petitionsunderArticle226oftheConstitutionofIndiafiled by the petitioners. Learned counsel for the petitioners submits that the petitioners are regular street vendors and they are vending at the sites mentionedin the memoofparties ofaforesaid writpetitions. Insupportof this, the petitioners have filed copies of challans along with their wnt petitions.
Counsels for respondent/NDMC enter appearance on advance copy and dispute the averments made in the writ petitions and submit that the petitioners are not regular street vendors which is evident from copies of challans filed on record,which is disputed by the counselforthe petitioners.
Counsels for the respondentsubmitthatthe petitioners cannot be allowed to vend at the spot in question as free movement of pedestrians is being obstructed.
Learned counsel for the petitioners submit that the Town Vending
Committee(TYC)has been constituted and he seeks liberty to approach the
TYC and the petitioners would place all relevant documents in their possession before the TYC.
Learned counsels forthe respondentsubmitthatshould the petitioners make applications with supporting documents before the TYC,the same would be considered in accordance with law and merely because the petitioners arenotfoundsquatting,thatitselfalone wouldnotbeagroundto rejectthe case ofthe petitioners.
Accordingly,the present petitions are disposed ofwith the following agreed directions
(i) The petitioners would approach the TYC as and when it is constituted with all the supporting documents, (ii) TheTYCwillconsiderthe caseofthepetitionersinaccordance with law and expeditiously after taking into consideration all the material placed on record;
(iii) Merelybecausethepetitioners arenotfound vending atthesite when the survey is conducted, that by itself would not be a ground alone to rejecther case.
We make it clear that we have not expressed any opinion on the merits ofthe matter and this order is being passed without prejudice to the rights and contentions ofboth the parties.
The writpetitions are disposed of.
Pending applications also stand disposed of.
NOVEMBER 02,2018 ssc
CM.APPl^.46230/2018 texemptionlin W.P.(C)11931/2018
CM.APPl^.46264/2018 texemptioniin W.P.(C)11942/2018
CM.APPl^.46376/2018 texemptionlin W.P.(C)11963/2018
Exemptions allowed,subjectto alljustexceptions.
The applications stand disposed of.
W.P.tCJ 11904/2018&CM APPL.46108/2018
W.P.tCJ 11929/2018&CM APPl•46226/2018
W.P.rCl 11931/2018&CM APPU.46229/2018 W.P.fCl 11942/2018&CM APPU-46263/2018
W.P.tCJ 11963/2018&CM APPL.46375/2018 Theseare petitionsunderArticle226oftheConstitutionofIndiafiled by the petitioners. Learned counsel for the petitioners submits that the petitioners are regular street vendors and they are vending at the sites mentionedin the memoofparties ofaforesaid writpetitions. Insupportof this, the petitioners have filed copies of challans along with their wnt petitions.
Counsels for respondent/NDMC enter appearance on advance copy and dispute the averments made in the writ petitions and submit that the petitioners are not regular street vendors which is evident from copies of challans filed on record,which is disputed by the counselforthe petitioners.
Counsels for the respondentsubmitthatthe petitioners cannot be allowed to vend at the spot in question as free movement of pedestrians is being obstructed.
Learned counsel for the petitioners submit that the Town Vending
Committee(TYC)has been constituted and he seeks liberty to approach the
TYC and the petitioners would place all relevant documents in their possession before the TYC.
Learned counsels forthe respondentsubmitthatshould the petitioners make applications with supporting documents before the TYC,the same would be considered in accordance with law and merely because the petitioners arenotfoundsquatting,thatitselfalone wouldnotbeagroundto rejectthe case ofthe petitioners.
Accordingly,the present petitions are disposed ofwith the following agreed directions
(i) The petitioners would approach the TYC as and when it is constituted with all the supporting documents, (ii) TheTYCwillconsiderthe caseofthepetitionersinaccordance with law and expeditiously after taking into consideration all the material placed on record;
(iii) Merelybecausethepetitioners arenotfound vending atthesite when the survey is conducted, that by itself would not be a ground alone to rejecther case.
We make it clear that we have not expressed any opinion on the merits ofthe matter and this order is being passed without prejudice to the rights and contentions ofboth the parties.
The writpetitions are disposed of.
Pending applications also stand disposed of.
NOVEMBER 02,2018 ssc
W.P.(C)11904/2018 etc.
G.S.SISTANI,J JYOTISINGH,J Page4of4
G.S.SISTANI,J JYOTISINGH,J Page4of4
JUDGMENT