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HIGH COURT OF DELHI
W.P.(C)6579/2017& CM.No.27274/2017
W.P.(C)6579/2017& CM.No.27274/2017
W.P.(C)7102/2017& CM.No.29509/2017
, W.P.(C)7103/2017& CM.No.29510/2017 W.P.(C>6705/2017
RAM CHANDER
RAJ KUMAR
GULSHAN KUMAR
ASHOK KUMAR Petitioner
Through: Mr.N.K.Sahoo,Adv.
, W.P.(C)7103/2017& CM.No.29510/2017 W.P.(C>6705/2017
RAM CHANDER
RAJ KUMAR
GULSHAN KUMAR
ASHOK KUMAR Petitioner
Through: Mr.N.K.Sahoo,Adv.
VERSUS
NORTH DELHI MUNICIPAL CORPORATION AND ANR Respondents
Through: Ms.Prabhsahay Kaur,Adv.for R1 in
Through: Ms.Prabhsahay Kaur,Adv.for R1 in
W.P.(C)6579/2017.
Ms.Sakshi Popli,Mr.Tarun and Ms.Pritika,Advs.for R2in W.P.(C)
6579/2017 with SI Jabir Singh,PS- Karol Bagh.
Mr.ManojK.Sharma,Adv.for R1 in
Ms.Sakshi Popli,Mr.Tarun and Ms.Pritika,Advs.for R2in W.P.(C)
6579/2017 with SI Jabir Singh,PS- Karol Bagh.
Mr.ManojK.Sharma,Adv.for R1 in
W.P.(C)7102/2017.
SI Jagbir Singh,PS-Karol Bagh.
Ms.Prabhsahay Kaur,Adv.for R1 in
SI Jagbir Singh,PS-Karol Bagh.
Ms.Prabhsahay Kaur,Adv.for R1 in
W.P.(C)7103/2017.
Mr.Sharat Kapoor,Adv.for R2 with SI Jagbir Singh,PS-Karol Bagh
Mr.Sharat Kapoor,Adv.for R2 with SI Jagbir Singh,PS-Karol Bagh
W.P.(C)7103/2017.
Mr.P.Venkatesan,Adv.for R1 in
Mr.P.Venkatesan,Adv.for R1 in
W.P.(C)6705/2017.
Mr.Jayendra,Adv.for R2 with SI Jagbir Singh,PS-Karol Bagh in
Mr.Jayendra,Adv.for R2 with SI Jagbir Singh,PS-Karol Bagh in
W.P.(C)6705/2017.
CORAM:
HON'BLE MR.JUSTICE G.S.SISTANI
HON'BLE MR.JUSTICE V.KAMESWAR RAO 2017:DHC:8718-DB
> !
23.11.2017 Petitioners claim to be regular squatters and are squatting at the areas so mentioned as below:'
W.P.fQ 6579/2017 Petitioner Ram Chander,Place ofsquatting-Near Space Watch man patri, Main Ajmal Khan Road crossing Arya Samaj Road, Karol
Bagh,Near White House& Chart Comer,New Delhi-110005.
HON'BLE MR.JUSTICE V.KAMESWAR RAO 2017:DHC:8718-DB
> !
23.11.2017 Petitioners claim to be regular squatters and are squatting at the areas so mentioned as below:'
W.P.fQ 6579/2017 Petitioner Ram Chander,Place ofsquatting-Near Space Watch man patri, Main Ajmal Khan Road crossing Arya Samaj Road, Karol
Bagh,Near White House& Chart Comer,New Delhi-110005.
W.P.(C)7102/2017
Petitioner Raj Kumar,Place of squatting - Within the Marked Area, Near Arya Samaj Mandir,Ajmal Khan Road & Arya Samaj Crossing, Near Police Booth,Karol Bagh,New Delhi- 110005.
Petitioner Raj Kumar,Place of squatting - Within the Marked Area, Near Arya Samaj Mandir,Ajmal Khan Road & Arya Samaj Crossing, Near Police Booth,Karol Bagh,New Delhi- 110005.
W.P.(C)7103/2017
Petitioner Gulshan Kumar, Place of squatting - Within the Marked
Area, Near Arya Samaj Mandir, Ajmal Khan Road Crossing, Police
Booth,Karol Bagh,New Delhi- 110005 W.P.fCl 6705/2017
Petitioner Ashok Kumar, Place of squatting - Near White House
Chart Comer, Crossing Azmal Khan Road and Arya Samaj Road, Karol Bagh,New Delhi-110005.
The grievances ofthe petitioners are common that the officials ofthe respondents are not allowing them to vend and carry,out their activities. A common objection has been raised by various counsels appearing for the
Corporations and Police that the petitioners are blocking the free flow of traffic and are causing hindrance to the pedestrians. Sample photographs have been produced to show that the petitioners are occupying space at the main road. Mr. N.K. Sahoo, leamed counsel appearing for the petitioners submitsthatthe petitioners have been vending forlong period oftime.
After some hearing, it is agreed that the petitioners would approach the Town Vending Committee(TVC)as and when it becomes functional.
The TVC will consider the documents which would be produced by the petitioners including documents pertaining to the orders passed by the Ward
Vending Committee and the Appellate Authority and thereafter consider the case ofthe petitioners in accordance with law.
Counsel for the respondents submits that while they have no objection to the petitioners' approaching the TVC as and when it becomes functional but the petitioners cannot block the main road and the free movement of traffic and pedestrians.This submission is not accepted by Mr.Sahoo.Atthe same time the Id. Counsel for the respondents also dispute each and every averment made by the petitioners in their respective writ petitions.
With the following agreed directions, the writ petitions and applications are disposed of.
(i) the petitioners would approach the Town Vending Committee with all supporting documents;
(ii) the TVC would consider the case ofeach petitioners based on the documents so filed.
This order is being passed without prejudice to the rights and contentions ofthe parties and without expressing any opinion on the merits ofthe matter.
Dasti.
G.S.SISTANITT V.KAMESWAR RAO,J NOVEMBER 23,2017/;g
Petitioner Gulshan Kumar, Place of squatting - Within the Marked
Area, Near Arya Samaj Mandir, Ajmal Khan Road Crossing, Police
Booth,Karol Bagh,New Delhi- 110005 W.P.fCl 6705/2017
Petitioner Ashok Kumar, Place of squatting - Near White House
Chart Comer, Crossing Azmal Khan Road and Arya Samaj Road, Karol Bagh,New Delhi-110005.
The grievances ofthe petitioners are common that the officials ofthe respondents are not allowing them to vend and carry,out their activities. A common objection has been raised by various counsels appearing for the
Corporations and Police that the petitioners are blocking the free flow of traffic and are causing hindrance to the pedestrians. Sample photographs have been produced to show that the petitioners are occupying space at the main road. Mr. N.K. Sahoo, leamed counsel appearing for the petitioners submitsthatthe petitioners have been vending forlong period oftime.
After some hearing, it is agreed that the petitioners would approach the Town Vending Committee(TVC)as and when it becomes functional.
The TVC will consider the documents which would be produced by the petitioners including documents pertaining to the orders passed by the Ward
Vending Committee and the Appellate Authority and thereafter consider the case ofthe petitioners in accordance with law.
Counsel for the respondents submits that while they have no objection to the petitioners' approaching the TVC as and when it becomes functional but the petitioners cannot block the main road and the free movement of traffic and pedestrians.This submission is not accepted by Mr.Sahoo.Atthe same time the Id. Counsel for the respondents also dispute each and every averment made by the petitioners in their respective writ petitions.
With the following agreed directions, the writ petitions and applications are disposed of.
(i) the petitioners would approach the Town Vending Committee with all supporting documents;
(ii) the TVC would consider the case ofeach petitioners based on the documents so filed.
This order is being passed without prejudice to the rights and contentions ofthe parties and without expressing any opinion on the merits ofthe matter.
Dasti.
G.S.SISTANITT V.KAMESWAR RAO,J NOVEMBER 23,2017/;g
JUDGMENT