Rakesh Kumar Neeraj v. South Delhi Municipal Corporation

Delhi High Court · 27 Feb 2017 · 2017:DHC:9026-DB
G. S. Sistani; Vinod Goel
W.P.(C) 1763/2017
2017:DHC:9026-DB
administrative other Procedural

AI Summary

The Delhi High Court held that absence of street vendors during survey cannot alone disqualify them from vending licenses and directed fair consideration of their claims with supporting evidence.

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$-29 to 37 HIGH COURT OF DELHI W.P.(C)
1763/2017 1764/2017 1774/2017 1778/2017 1779/2017
1790/2017 1797/2017 1799/2017 1801/2017 RAKESH KUMAR
NEERAJ
BRIJESH KUMAR
HARINDER
MAHAVIR
RAJESH KUMAR@RAJU PRABHU DAYAL AJAY PAL KISHAN KUMAR & OTHERS
Petitioner
Through: Mr.Dharmender Sharma,Advocate with Ms.Monika Singh,Advocate.
VERSUS
SOUTH DELHI MUNICIPAL CORPORATION(SDMC)& ANR Respondent
Through: Ms. Saroj Bidawat, Advocate for SDMC in item no.29.
Mr. Roshan Lai Goel, Advocate with Ms. Anju Gupta,Advocate for SDMC in item no.30&33.
Ms.Archana Sharma,Advocate for SDMC in item no. 31.
Mr.Pratap Singh Ahluwalia, Advocate for SDMC in item no.32.
2017:DHC:9026-DB y- V Ms.Jyoti Taneja,Advocatefor R-2in item no.32.
Ms. Sangeeta Chandara, Advocate with Mr. Lokesh Kumar Sharma, Advocate for SDMC in item no.34.
Mr. Sachin Nahar,Advocate for R-2 in item no.33
&37 Mr. Rajan Tyagi, Advocate for SDMC in item no.35., '
Ms. Shobha Gupta, Advocate for SDMC in item no.36.
Ms. Manorama Masih, Advocate for SDMC in item no.37.
Mr. Rajat Malhotra, Advocate for R-2 along with
ASI Yashpal,PS Kalkaji,New Delhi in item no.29
& 34 to 36.
CORAM:
HON'BLE MR.JUSTICE G.S.SISTANI
HON'BLE MR.JUSTICE VINOD GOEL
27.02.20l7 CM.APPL 7829-7830/2017(Exemptionl CM.APPL 7832-7833/2017(Exemption^
CM.APPL 7855-7856/2017(Exemption^ CM.APPL 7862-7863/2017 rExemptionV
CM.APPL 7865-7866/2017(Exemption)
CM.APPL 7929-7930/2017(Exemption)
CM.APPL 7986-7987/2017(Exemption^ CM.APPL 7991-7992/2017(Exemption)
CM.APPL 7997-7998/2017(Exemption)
Exemption allowed,subjectto alljustexceptions.
The application stands disposed of.
W.P.(C11763/2017& CM 7831/2017(stay)
W.P.fCl 1764/2017& CM 7834/2017(stavl W.P.YCl 1774/2017& CM 7857/2017(stay)
2> W.P.fC)1778/2017 & CM 7864/2017(stay)
W.P.(0 1779/2017& CM 7867/2017(stay)
W.P.fO 1790/2017& CM 7931/2017(stay)
W.P.(0 1797/2017 & CM 7988/2017(stay)
W.P.rO 1799/2017 & CM 7993/2017(stay)
W.P.(a 1801/2017 & CM 7999/2017(stay)
These writ petitions are being disposed of by a common order. The petitioners claim to be vending at various sites as detailed below:-
ORDER

1. Rakesh Kumar Nehru Place Complex,New Delhi.

2. Neeraj 0pp. Ram Piyau Parking, Lotus Temple Lane,Kalkaji,New Delhi.

3. Brijesh Kumar Near Bus Terminal Gate No. 1,Nehru Place, New Delhi.

4. Harinder Near Bus Terminal Gate No.2,Nehru Place,

5. Mahaveer Near Bus Stand Govind Puri, Gali No. 1,

6. I Rakesh Kumar (a), Raju 0pp. Lotus Temple, Kalkaji Temple Marg,

7. Prabhy Dayal Outside Gate No. 1, Kalkaji Metro Station,

8. Ajay Pal Near Bus Terminal Gate No.2,Nehru Place,

9. Kishan'Kumar Near 55 Maduwan Building, Nehru Place Complex,New Delhi. Rakesh Near 57 Maduwan Building, Nehru Place Kishan Pal Singh Near 55 Maduwan Building, Nehru Place The petitioners also claim that they have been removed by the officials of the respondent. Mr. Sharma submits that the petitioners apprehend that as and when a survey is conducted and the petitioners are not found vending,they niay not be considered for grant oflicences. H Counsel for the respondents deny each and every averment made in the writ petition. It is further submitted that because the petitioners are not found vending as and when a survey is conducted that by itselfwould not be. a ground to reject their claims provided the petitioners are able to provide necessary supporting documents. However,as agreed,the writ petitions are disposed ofwith the following directions:-

(i) The cases ofthe petitioners would be considered by the Town

(ii) Merely because the petitioners are not found vending when the survey is conducted,would not be a ground alone to rejecttheir case,in case the vendors produce supporting documents. We make it clear that we have not expressed any opinion on the merit ofthe matters. With the above said directions,the petitions are disposed of. Dasti.. G.S.SISTANI,J VINOD GOEL,J FEBRUARY 27,2017 "sk"