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$-.275 29&30 HIGH COURT OF DELHI W.P.(C) 4250/20 17
MOHAN LAL & ORS Petitioners
Through Mr.S.K.Singh, Adv. with Ms.Renu Singh, Adv.
MOHAN LAL & ORS Petitioners
Through Mr.S.K.Singh, Adv. with Ms.Renu Singh, Adv.
VERSUS
NORTH DELHI MUNICIPAL CORPORATION & ANR.... Respondents
Through Mr.D.K.Sharma, Adv. for NDMC.
Through Mr.D.K.Sharma, Adv. for NDMC.
W.P.(C) 4081/2017
LAL BAHADUR & ANR Petitioners I Ms.Renu Singh, Adv.
LAL BAHADUR & ANR Petitioners I Ms.Renu Singh, Adv.
VERSUS
NORTH DELHI MUNICIPAL CORPORATION & ANR.... Respondents
Through Ms .Mini Pushkarna, Standing Counsel with Ms.Vasundhara Nayyar &
Ms.Anushruti, Advs. for NIDMC.
W.P.(C) 4083/20 17 ANIL SINGH Petitioner Ms.Renu Singh, Adv.
Through Ms .Mini Pushkarna, Standing Counsel with Ms.Vasundhara Nayyar &
Ms.Anushruti, Advs. for NIDMC.
W.P.(C) 4083/20 17 ANIL SINGH Petitioner Ms.Renu Singh, Adv.
VERSUS
SOUTH DELHI MUNICIPAL CORPORATION & ANR.... Respondents
Through Ms.Mini Pushkarna, Standing Counsel with Ms.Vasundhara Nayyar &
Ms.Anushruti, Advs. for SDMC.
Through Ms.Mini Pushkarna, Standing Counsel with Ms.Vasundhara Nayyar &
Ms.Anushruti, Advs. for SDMC.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE REKHA PALL! 2017:DHC:8147-DB
ORDER H
16.05.2017 C.M. No.18547/2017 (exemption) in W.P. (C) No.4250/2017
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
W.P. (C) Nos.4250/2017. 4081/2017 & 4083/2017
Present petitions have been filed under Article 226 of the Constitution of
India by the petitioners who claim to be street vendors squatting at various sites as detailed in their respective writ petitions. It is also the case of the petitioners that their possession is being disturbed and they are being obstructed by the officials of the respondents.
Learned counsel for the petitioners submits that at this stage, the petitioners would be satisfied if a direction is issued to the respondents to consider their case as and when Town Vending Committee starts functioning and merely because they are not found vending at the sites at the time of survey, that may not be a ground to reject their case.
Notice. Learned counsels for respondent No.1 (NIDMC in W.P. (C)
Nos.4250/2017 & 4081/2017 and SDMC in W.P.(C)No.408312017),who enter appearance on an advance copy, accept notice. Without admitting any of the averments made in the writ petitions, counsels submit that the respondents would have no objection in case the TVC considers the case of the petitioners subject to petitioners' filing requisite documents and merely because the petitioners are not found vending at the sites, that by itself would not be a ground alone to reject their case.
Based on the stand taken by the learned counsels for the parties, we dispose of these writ petitions with the following agreed directions:-
RE J.
, In case the petitioners make an application(s) along with supporting documents to the Town Vending Committee, the TVC will consider the same in accordance with law.
Merely because the petitioners are not found vending at their respective sites when the survey is conducted, that by itself would not be a ground alone to reject their case.
This order is being passed without prejudice to the rights and contentions of the parties and without expressing any opinion on the merits of the matters.
The writ petitions are disposed of accordingly.
. . , J. a MAY 16, 2017
HON'BLE MS. JUSTICE REKHA PALL! 2017:DHC:8147-DB
ORDER H
16.05.2017 C.M. No.18547/2017 (exemption) in W.P. (C) No.4250/2017
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
W.P. (C) Nos.4250/2017. 4081/2017 & 4083/2017
Present petitions have been filed under Article 226 of the Constitution of
India by the petitioners who claim to be street vendors squatting at various sites as detailed in their respective writ petitions. It is also the case of the petitioners that their possession is being disturbed and they are being obstructed by the officials of the respondents.
Learned counsel for the petitioners submits that at this stage, the petitioners would be satisfied if a direction is issued to the respondents to consider their case as and when Town Vending Committee starts functioning and merely because they are not found vending at the sites at the time of survey, that may not be a ground to reject their case.
Notice. Learned counsels for respondent No.1 (NIDMC in W.P. (C)
Nos.4250/2017 & 4081/2017 and SDMC in W.P.(C)No.408312017),who enter appearance on an advance copy, accept notice. Without admitting any of the averments made in the writ petitions, counsels submit that the respondents would have no objection in case the TVC considers the case of the petitioners subject to petitioners' filing requisite documents and merely because the petitioners are not found vending at the sites, that by itself would not be a ground alone to reject their case.
Based on the stand taken by the learned counsels for the parties, we dispose of these writ petitions with the following agreed directions:-
RE J.
, In case the petitioners make an application(s) along with supporting documents to the Town Vending Committee, the TVC will consider the same in accordance with law.
Merely because the petitioners are not found vending at their respective sites when the survey is conducted, that by itself would not be a ground alone to reject their case.
This order is being passed without prejudice to the rights and contentions of the parties and without expressing any opinion on the merits of the matters.
The writ petitions are disposed of accordingly.
. . , J. a MAY 16, 2017
W.P.(C) 4250/2017& others
JUDGMENT