Manoj Prasad v. New Delhi Municipal Council

Delhi High Court · 05 Aug 2016 · 2016:DHC:8812
Indermeet Kaur
2016:DHC:8812
administrative petition_dismissed

AI Summary

The court directed petitioners claiming squatting rights under the Street Vendors Act to seek relief from the Town Vending Committee, dismissing their writ petitions without interim protection.

Full Text
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$-69 & 74
MANOJ PRASAD d
T,, , , Petitioner
Through Mr.Dharmender Sharma, Advocate
VERSUS
NEWDELHI MUNICIPAL COUNCIL (NDMC) AND ORS
Respondents
Mr.Sri Harsh Peechara, ASC for
NDMC.
Mr.Devesh Singh, ASC along with
Mr. Vinod Kumar Bhati, Adv. for
GNCTD. W.P.(C) 6833/2016
UPENDER PRASAD
Through
VERSUS
NEWDELHI MUNICIPAL COUNCIL (NDMC) &ORS
, Respondents
Through Mr.Sri Harsh Peechara, ASC for
NDMC.
Mr.Devesh Singh, ASC along with
Mr. Vinod Kumar Bhati, Adv. for
GNCTD.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
05.08.2016
*
+
+
Through
Petitioner
Mr.Dharmender Sharma, Advocate.
P??' '7/2016 rexemption) in W.PJCI 6829/201
C.M. Nos.28179-80/2016 rexemptioni in W.P.ICI 683:^/7ni/;
Exemption is allowed subject to just exceptions. Applications disposed of.
W.P.(C) 6829/2016 & C.M. No.28118/2m6
W.P.(C) 6833/2016 & C.M. Nn.28181/2m6
Petitioners are stated to be squatters near mother dairy both
2016:DHC:8812
No.726,1-Block, Sarqjini Nagar Market, New Delhi. This position is disputed by learned counsel for the respondent who has put in appearance on advance notice.
Petitioners have filed certain documents which are per the
Department are only prosecution challans and do not vest any right in favour of the petitioners. Learned counsel for the respondent no.l further submits that Manoj Prasad and Upender Prasad are both legal heirs ofKameshwar Prasad and both ofthem at best could be entitled to one squatting site.
This aspect shall be considered by the TVC.
Be that at it may, learned counsel for the petitioners submits that they are protected under Section 3(3) of the Street Vendors
(Protection of Livelihood and Regulation of Street Vending) Act,
ORDER

2014. His further submission is that they are still squatting atthe site. This position IS disputed by the learned counsel for the Department. It is, however, admitted that Town Vending Committee (TVC) qua respondent no.l/ New Delhi Municipal Council has been constituted and survey has been initiated by the TVC. These petitions are disposed of with liberty granted to the petitioners to approach the TVC who shall address the grievances of the petitioners inaccordance with law. Petitions disposed of. Orderdasti undersignaturesoftheCouiVlister.

AUGUST 05,2016 IWERMEETKAUR,J ndn