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$-30-41 & 9-12 HIGH COURT OF DELHI
W.P.(C) 496/2017
$-30-41 & 9-12 HIGH COURT OF DELHI
W.P.(C) 496/2017
W.P.(C) 545/2017
W.P.(C) 546/2017
W.P.(C) 768/2017
W.P.(C) 958/2017
W.P.(C) 966/2017
W.P.(C) 420/2017
W.P.(C) 42172017
W.P.(C) 42172017
W.P.(C) 443/2017
. W.P.(C) 444/2017 .
. W.P.(C) 444/2017 .
W.P.(C) 451/2017
W.P.(C) 460/2017
W.P.(C) 387/2017
'W.P.(C) 392/2017
'W.P.(C) 392/2017
W.P.(C) 395/2017
W.P.(C) 406/2017
MADANLAL
SHANKERLAL
NANDKISHORE
RAMNIWAS ^ , MOHD. MUZAHID VINOD KESHRI' SHOBHA RAM
RAKESH
BHUPINDER SINGH
PAWAN KUMAR
DEVENDRA JAIN
PREM SINGH
NARENDER KUMAR JAIN
RAM ASRE MISHRA
SHEELADEVI
NABI HASAN
Petitioner , Petitioner , Petitioner . Petitioner
Through: Mr. Dharmender Sharma, Advocate with Ms. Monika Singh, Advocate.
2017:DHC:8877-DB
•V
_> ;/ ^0 yersus NEWDELHI MUNICIPAL COUNCIL & ORS Respondents
Through; Mr.Sri Harsha Peechara, Adv. along with
Mr.Mananjay Mishra and Ms.Vidhi Jain, Advs. for NDMC.
' Mr. Ashish Mohan, Advocate for New Delhi Traders
Association in item No. 9 to 12.
Mr. Amn Kumar & Ms. Iram Majid, Advocates for R-3/Delhi
Police in item No. 11 & 12.
SI Bishambhar Dayal, PS Connaught Place, for R-3 in item NO. 9 37.
Mr. Vinod Kumar Bhati, Advocate for Mr. Devesh Singh, ASC forGNCTDinitemNo.39.
Mr. Ashwani Garg, Advocate for R-2 initem No. 9 &37.
Mr. Gurman Chahal, Advocate forR-3 in itemNo. 33 & 34.
Mr. Avtar Singh, Advocate with Ms. Sakshi Narang, Advocate for R-3/Delhi'Police in item No. 10, 30 & 39.
Mr. Hem Kumar, Advocatefor GNCTD in item 31 & 35.
MADANLAL
SHANKERLAL
NANDKISHORE
RAMNIWAS ^ , MOHD. MUZAHID VINOD KESHRI' SHOBHA RAM
RAKESH
BHUPINDER SINGH
PAWAN KUMAR
DEVENDRA JAIN
PREM SINGH
NARENDER KUMAR JAIN
RAM ASRE MISHRA
SHEELADEVI
NABI HASAN
Petitioner , Petitioner , Petitioner . Petitioner
Through: Mr. Dharmender Sharma, Advocate with Ms. Monika Singh, Advocate.
2017:DHC:8877-DB
•V
_> ;/ ^0 yersus NEWDELHI MUNICIPAL COUNCIL & ORS Respondents
Through; Mr.Sri Harsha Peechara, Adv. along with
Mr.Mananjay Mishra and Ms.Vidhi Jain, Advs. for NDMC.
' Mr. Ashish Mohan, Advocate for New Delhi Traders
Association in item No. 9 to 12.
Mr. Amn Kumar & Ms. Iram Majid, Advocates for R-3/Delhi
Police in item No. 11 & 12.
SI Bishambhar Dayal, PS Connaught Place, for R-3 in item NO. 9 37.
Mr. Vinod Kumar Bhati, Advocate for Mr. Devesh Singh, ASC forGNCTDinitemNo.39.
Mr. Ashwani Garg, Advocate for R-2 initem No. 9 &37.
Mr. Gurman Chahal, Advocate forR-3 in itemNo. 33 & 34.
Mr. Avtar Singh, Advocate with Ms. Sakshi Narang, Advocate for R-3/Delhi'Police in item No. 10, 30 & 39.
Mr. Hem Kumar, Advocatefor GNCTD in item 31 & 35.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MR. JUSTICE VINOD GOEL
07.02.2017 Sixteen writ petitions are being disposed ofby a common order with the consent ofthe parties.
The petitioners in these writ petitions claim to be squatters whose names find mentioned in the list of 628 street vendors prepared by the
NDMC. The petitioners also claim that they were vending at different sites as mentioned below: -
MADANLAL Opposite Shop No. 10, E-Block, Inner Circle, Connaught Place, New Delhi.
SHANKERLAL Opposite Behind Bank of Baroda, Janpath
Lane^ New Delhi.
NAND KJSHORE Next to Public Convenience, Bank of Baroda, Janpath, Opposite LIC Building, New Delhi.
RAM NIWAS Near LIC Building, Parliament Street, Janpath, New Delhi.
MOHD. MUZAHID Near Bank of Baroda, Janpath Lane, Janpath, New Delhi.
VINOD KESHRI At/Near in Janpath Mini Market, Centre Old
Indian Oil Bhawan, New Delhi.
SHOBHA RAM In front of Shop No. E-5, E-Block, Inner
Circle, ConnaughtPlace, New Delhi.
RAKESH 0pp. Shop No. E-2, E-Block, Inner Circle, BHUPrNDER SINGH 0pp. Shop No. E-18, E-Block, Inner Circle, "PAWAN KUMAR 0pp. Shop No. E-6, E-Block, Inner Circle, DEVENDRA JAIN Near At 14/15, Union Bank, F-Block, Inner
Circle, Connaught Place, New Delhi.
PREM SINGH Showroom No. E-10, E-Block, Inner Circle, NARENDER. KUMAR
JAIN
In front of E-9, Jain Son's, E-Block, Inner Circle, ConnaughtPlace, New Delhi.
RAMASREMISHRA 0pp. United Coffee House, E-Block, Inner
Circle, Connaught Place, New Delhi.
SHEELADEVI Showroom No. E-10, E-Block, Inner Circle,'
NABI HASAN 0pp. Shop No. 8, M-Block, Outer Circle, All the petitioners claim that they have been vending for many years and supporting documents have been filed. It is also the case of the petitioners that they have, been removed on the ground that the sites in question are 'No Hawking/No Vending Zones'. The,petitioners pray that till a final decision istaken inthematter by theTown Vending Committee asan interim measure they should be relocated so that there is no loss of livelihood.
Mr.Harsha, learned counsel for the NDMC, without admitting, the averments made inthewrit petitions, submits thatthevendors were removed as the sites in question are 'No Hawking/No Vending Zones'. The NDMC is not allowing any hawker to vend at the 'No Hawking/Nd Vending Zones' except those vendors who hold licences are allowed to vend. Mr.Harsha submits that no supporting documents in the case of some of the vendors have been filed along withthe writ petitions.
-Learned counsel agree that the present writ petitions may be disposed ofwith the following agreed directions: -
(i) The cases of the petitioners would be considered by the Town
Vending Committee at the appropriate stage.
(ii) Merely because the petitioners are not found vending when the survey isconducted, would not be a ground alone to reject their case, in casethe vendors produce supporting documents.
(iii) As an interim measure, the petitioners would be granted alternate sites within six weeks from the date of receipt of this order subject to the petitioners filing supporting documents in their favour.
Allpetitions are disposed of.
Orderdasti as prayed.
G.S.SISTANI, J.
VINODGOEL,J.
FEBRUARY 07,2017/i«e„der
HON'BLE MR. JUSTICE VINOD GOEL
07.02.2017 Sixteen writ petitions are being disposed ofby a common order with the consent ofthe parties.
The petitioners in these writ petitions claim to be squatters whose names find mentioned in the list of 628 street vendors prepared by the
NDMC. The petitioners also claim that they were vending at different sites as mentioned below: -
MADANLAL Opposite Shop No. 10, E-Block, Inner Circle, Connaught Place, New Delhi.
SHANKERLAL Opposite Behind Bank of Baroda, Janpath
Lane^ New Delhi.
NAND KJSHORE Next to Public Convenience, Bank of Baroda, Janpath, Opposite LIC Building, New Delhi.
RAM NIWAS Near LIC Building, Parliament Street, Janpath, New Delhi.
MOHD. MUZAHID Near Bank of Baroda, Janpath Lane, Janpath, New Delhi.
VINOD KESHRI At/Near in Janpath Mini Market, Centre Old
Indian Oil Bhawan, New Delhi.
SHOBHA RAM In front of Shop No. E-5, E-Block, Inner
Circle, ConnaughtPlace, New Delhi.
RAKESH 0pp. Shop No. E-2, E-Block, Inner Circle, BHUPrNDER SINGH 0pp. Shop No. E-18, E-Block, Inner Circle, "PAWAN KUMAR 0pp. Shop No. E-6, E-Block, Inner Circle, DEVENDRA JAIN Near At 14/15, Union Bank, F-Block, Inner
Circle, Connaught Place, New Delhi.
PREM SINGH Showroom No. E-10, E-Block, Inner Circle, NARENDER. KUMAR
JAIN
In front of E-9, Jain Son's, E-Block, Inner Circle, ConnaughtPlace, New Delhi.
RAMASREMISHRA 0pp. United Coffee House, E-Block, Inner
Circle, Connaught Place, New Delhi.
SHEELADEVI Showroom No. E-10, E-Block, Inner Circle,'
NABI HASAN 0pp. Shop No. 8, M-Block, Outer Circle, All the petitioners claim that they have been vending for many years and supporting documents have been filed. It is also the case of the petitioners that they have, been removed on the ground that the sites in question are 'No Hawking/No Vending Zones'. The,petitioners pray that till a final decision istaken inthematter by theTown Vending Committee asan interim measure they should be relocated so that there is no loss of livelihood.
Mr.Harsha, learned counsel for the NDMC, without admitting, the averments made inthewrit petitions, submits thatthevendors were removed as the sites in question are 'No Hawking/No Vending Zones'. The NDMC is not allowing any hawker to vend at the 'No Hawking/Nd Vending Zones' except those vendors who hold licences are allowed to vend. Mr.Harsha submits that no supporting documents in the case of some of the vendors have been filed along withthe writ petitions.
-Learned counsel agree that the present writ petitions may be disposed ofwith the following agreed directions: -
(i) The cases of the petitioners would be considered by the Town
Vending Committee at the appropriate stage.
(ii) Merely because the petitioners are not found vending when the survey isconducted, would not be a ground alone to reject their case, in casethe vendors produce supporting documents.
(iii) As an interim measure, the petitioners would be granted alternate sites within six weeks from the date of receipt of this order subject to the petitioners filing supporting documents in their favour.
Allpetitions are disposed of.
Orderdasti as prayed.
G.S.SISTANI, J.
VINODGOEL,J.
FEBRUARY 07,2017/i«e„der
JUDGMENT