Full Text
Translation output
$-15 HIGH COURT OF DELHI
W.P.(C)6080/2016
BABULAL CHAURASIA Petitioner
Through: Mr. A.N. Prasad, Advocate with Mr.Rajeev L.Mahunja,Advocate.
W.P.(C)6080/2016
BABULAL CHAURASIA Petitioner
Through: Mr. A.N. Prasad, Advocate with Mr.Rajeev L.Mahunja,Advocate.
VERSUS
SOUTH DELHI MUNICIPAL CORPORATION & ORS Respondent
Through: Ms. Reema Khorana, Advocate for R-I with Mr.Praveen,official ofR-1.
Mr. Devesh Singh, ASC with Mr. Vinod Kumar Bhati,Advocate for GNCTD.
Through: Ms. Reema Khorana, Advocate for R-I with Mr.Praveen,official ofR-1.
Mr. Devesh Singh, ASC with Mr. Vinod Kumar Bhati,Advocate for GNCTD.
CORAM:
HON'BLE MR.JUSTICE G.S.SISTANI
HON'BLE MR.JUSTICE VINOD GOEL
21.03.2017 Petitioner claims to be squatting at a Neighbourhood Market(known as Chandan Market), S-Block, Greater Kailash Part-II, New Delhi for the past 20 years. He submits that the necessity offiling this writ petition has arisen as he has been threatened by the officials ofrespondents no. 1 and 3 and is living in deep constantthreat ofbeing removed.
Notice was issued in the matter. Some of the receipts have been placed on record pertaining to the year 2004 and 2016. Counsel submits that the copies offurther receipts are also available with him.
Counter affidavit has been filed wherein it has been stated that the impugned site was inspected and during inspection the petitioner wasfound
2017:DHC:8127-DB F squatting atthe site,however,the petitioner is neither a Tehbazari holder nor an eligible squatter and thus he is encroaching on public land and since the
Tehbazari licences have not been issued, it is a "No Hawking Zone".
Counsel for the petitioner submits that since it has been established that he has been continuously squatting at the site in question,the petitioner would be entitled to protection under Section 3 ofThe Street Vendors(Protection of Livelihood and Regulation of Street Vending) Act, 2014. He further submits that since the Town Vending Committee has not been constituted, there is no occasion for him to make an application for grant oflicence. He further submits that as and when the Town Vending Committee is formed, he would approach the Town Vending Committee and submit supporting documentsfor grantofa licence.
Since the site of the petitioner has been verified and he has been found squatting and two receipts placed on record show that he has been squatting since 2004, we direct that till the Town Vending Committee is constituted, the petitioner be not removed without following due process of law.
The writ petition is disposed of.
CM No.24939/2016(stay)
In view ofthe above order,the application also stands disposed of.
G.S.SISTANI,J.
VINOD GOEL,J.
MARCH 21,2017 "sk" 2017:DHC:8127-DB
HON'BLE MR.JUSTICE VINOD GOEL
21.03.2017 Petitioner claims to be squatting at a Neighbourhood Market(known as Chandan Market), S-Block, Greater Kailash Part-II, New Delhi for the past 20 years. He submits that the necessity offiling this writ petition has arisen as he has been threatened by the officials ofrespondents no. 1 and 3 and is living in deep constantthreat ofbeing removed.
Notice was issued in the matter. Some of the receipts have been placed on record pertaining to the year 2004 and 2016. Counsel submits that the copies offurther receipts are also available with him.
Counter affidavit has been filed wherein it has been stated that the impugned site was inspected and during inspection the petitioner wasfound
2017:DHC:8127-DB F squatting atthe site,however,the petitioner is neither a Tehbazari holder nor an eligible squatter and thus he is encroaching on public land and since the
Tehbazari licences have not been issued, it is a "No Hawking Zone".
Counsel for the petitioner submits that since it has been established that he has been continuously squatting at the site in question,the petitioner would be entitled to protection under Section 3 ofThe Street Vendors(Protection of Livelihood and Regulation of Street Vending) Act, 2014. He further submits that since the Town Vending Committee has not been constituted, there is no occasion for him to make an application for grant oflicence. He further submits that as and when the Town Vending Committee is formed, he would approach the Town Vending Committee and submit supporting documentsfor grantofa licence.
Since the site of the petitioner has been verified and he has been found squatting and two receipts placed on record show that he has been squatting since 2004, we direct that till the Town Vending Committee is constituted, the petitioner be not removed without following due process of law.
The writ petition is disposed of.
CM No.24939/2016(stay)
In view ofthe above order,the application also stands disposed of.
G.S.SISTANI,J.
VINOD GOEL,J.
MARCH 21,2017 "sk" 2017:DHC:8127-DB
JUDGMENT