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HIGH COURT OF DELHI
W.P.(C)5784/2017
KIRPAL SINGH & ORS Petitioners
Through Mr.Dharmender Sharma,Adv. with Ms.Monika Singh,Adv.
W.P.(C)5784/2017
KIRPAL SINGH & ORS Petitioners
Through Mr.Dharmender Sharma,Adv. with Ms.Monika Singh,Adv.
VERSUS
NEW DELHI MUNICIPAL COUNCIL& ORS Respondents
Through Mr.Sri Harsha Peechara,Standing Counsel,NDMC with Mr.Mananjay Kr.
Mishra,Ms.Vidhi Jain & Mr.Chetan Sharma,Advs.for NDMC.
Mr.Devesh Singh,ASC(Civil),GNCTD with Ms.Neelam Kholiya,Adv.for Delhi
Police.
Mr.Ashish Mohan,Adv. with Mr.Akshit Mago & Mr.Mohit Kumar,Advs.for
Sarojini Nagar Market Association.
Through Mr.Sri Harsha Peechara,Standing Counsel,NDMC with Mr.Mananjay Kr.
Mishra,Ms.Vidhi Jain & Mr.Chetan Sharma,Advs.for NDMC.
Mr.Devesh Singh,ASC(Civil),GNCTD with Ms.Neelam Kholiya,Adv.for Delhi
Police.
Mr.Ashish Mohan,Adv. with Mr.Akshit Mago & Mr.Mohit Kumar,Advs.for
Sarojini Nagar Market Association.
W.P.(C)6355/2017
BHAWANI SINGH
Through r Petitioner Mr.Dharmender Sharma,Adv.with
Ms.Monika Singh,Adv. K
BHAWANI SINGH
Through r Petitioner Mr.Dharmender Sharma,Adv.with
Ms.Monika Singh,Adv. K
VERSUS
NEW DELHI MUNICIPAL COUNCIL(NDMC)& ORS Respondents
1 hrough Mr.Sri Harsha Peechara,Standing Counsel,NDMC with Mr.Mananjay Kr.
Mishra,Ms.Vidhi Jain & Mr.Chetan Sharma,Advs.for NDMC.
Mr.Devesh Singh,ASC(Civil),GNCTD with Ms.Neelam Kholiya,Adv.for Delhi
Police.
Mr.Ashish Mohan,Adv. with Mr.Akshit Mago& Mr.Mohit Kumar,Advs.for
Sarojini Nagar Market Association.
2017:DHC:8841-DB /
1 hrough Mr.Sri Harsha Peechara,Standing Counsel,NDMC with Mr.Mananjay Kr.
Mishra,Ms.Vidhi Jain & Mr.Chetan Sharma,Advs.for NDMC.
Mr.Devesh Singh,ASC(Civil),GNCTD with Ms.Neelam Kholiya,Adv.for Delhi
Police.
Mr.Ashish Mohan,Adv. with Mr.Akshit Mago& Mr.Mohit Kumar,Advs.for
Sarojini Nagar Market Association.
2017:DHC:8841-DB /
CORAM:
HON'BLE MR.JUSTICE G.S.SISTANI
HON'BLE MR.JUSTICE CHANDER SHEKHAR O R I) E R
06.09.2017 The petitioners claim to be squatting at Sarojini Nagar Market for the past many years. They also submit that their names find mentioned in the list of628 street vendors, prepared by the NDMC. It is also the case ofthe petitioners that they have been removed in the month ofFebruary,2016.
Learned counsel for the petitioners submits that at this stage, the petitioners would be satisfied ifa direction is issued to the respondent/NDMC to consider the case for allotment as and when the TVC is constituted and is functional, the petitioners would place all the relevant documents in support of their plea before the NDMCAfVC.
Mr.Peechara, learned Standing counsel for NDMC submits that no doubt, the names ofthe petitioners find mentioned in the list of628 street vendors, but the petitioners have not been squatting regularly and had given up their squatting sites. He further submits that the petitioners were not removed in February, 2016 but much prior thereto and thereafter they have stopped carrying out their vending activities and in view thereof, no alternate site can be granted to the petitioners at this stage. However,should the petitioners place all the relevant documents on record, their case would be considered for an alternate site(s) along with all similarly situated persons.
We have heard the learned counselsfor the parties. Since a limited prayer has been made in these writ petitions, i.e. for NDMC to consider the case ofthe petitioners for an alternate site(s) on the basis ofsupporting documents which the petitioners would file, we dispose of the writ petitions accordingly. The
NDMC/TVC would consider the case ofthe petitioners for an alternate site, as
/ prayed by them,based on the documents which the petitioners may file before it.
We make it clear that wc 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 parlies.
The writ petitions arc disposed of.
G.S.SISTANI,J.
SEPTEMBER 06,2017/ka ff.P.fCJ 5784/2017& 6355/201:
)Q CHANDER^pEKHAR,J.
HON'BLE MR.JUSTICE CHANDER SHEKHAR O R I) E R
06.09.2017 The petitioners claim to be squatting at Sarojini Nagar Market for the past many years. They also submit that their names find mentioned in the list of628 street vendors, prepared by the NDMC. It is also the case ofthe petitioners that they have been removed in the month ofFebruary,2016.
Learned counsel for the petitioners submits that at this stage, the petitioners would be satisfied ifa direction is issued to the respondent/NDMC to consider the case for allotment as and when the TVC is constituted and is functional, the petitioners would place all the relevant documents in support of their plea before the NDMCAfVC.
Mr.Peechara, learned Standing counsel for NDMC submits that no doubt, the names ofthe petitioners find mentioned in the list of628 street vendors, but the petitioners have not been squatting regularly and had given up their squatting sites. He further submits that the petitioners were not removed in February, 2016 but much prior thereto and thereafter they have stopped carrying out their vending activities and in view thereof, no alternate site can be granted to the petitioners at this stage. However,should the petitioners place all the relevant documents on record, their case would be considered for an alternate site(s) along with all similarly situated persons.
We have heard the learned counselsfor the parties. Since a limited prayer has been made in these writ petitions, i.e. for NDMC to consider the case ofthe petitioners for an alternate site(s) on the basis ofsupporting documents which the petitioners would file, we dispose of the writ petitions accordingly. The
NDMC/TVC would consider the case ofthe petitioners for an alternate site, as
/ prayed by them,based on the documents which the petitioners may file before it.
We make it clear that wc 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 parlies.
The writ petitions arc disposed of.
G.S.SISTANI,J.
SEPTEMBER 06,2017/ka ff.P.fCJ 5784/2017& 6355/201:
)Q CHANDER^pEKHAR,J.
JUDGMENT