Veena Chanana v. Govt of NCT of Delhi and Ors

ORDER

08.10.2010

¶1The petitioner in each of these writ petitions clairns to have a valid license of tehbazari rights from the respondent MCD for parking water trolleys and selling water at different locations mentioned in the tehbazari license issued by the respondent MCD to each of the petitioners. These writ petitions are filed to restrain the respondents MCD, NDMC and the police Authorities from disturbing the said water trolleys of the petitioners. o-v t .\ I 2t &l

¶2The counsel for the respondent MCD on the last date of hearing infonned that action against the petitioners was being taken in pursuance to the orders in V/.P.(C) No.219912007 titled Shri Nitin Vs. Govt. of NCT of Delhi. The counsel for petitioner was as such directed to place the copy of the said order in this Court as it was felt that if the action against the petitioner is being taken in pursuance to the orders in another writ petition, the appropriate course for the petitioners is to apply in that writ petition rather than by way of sepalate writ petitions.

¶3The counsel for the petitioners has today handed over a copy of the order dated 4tr' February,2010 disposing of w.P.(C) No.2 rgg/2007. Frorn a perusal thereof it h'anspires that the directions in that writ petition were only for rernoval of unauthorized Hawkers/Rehriwalas/Squatters on the Exit Gate \ d and neal the boundary/pavements of New Delhi Railway Station on Ajrneri Gate side/Thotnson Road. The counsel for the petitioner states that the petitioners are tehbazari license holders, and being authorized are not liabte to be proceeded against in pursuance to the said order.

¶4The counsel for the respondent MCD also confurns the grant of licenses to the petitioners including at the Exit Gate of the New Delhi Railway Station. -), '-r raI l \u

¶5The counsel for the respondent Delhi Police however states that the water h'olleys are found parked on the rnain road and not on the pavement as these ale required to be under the licence and it is for this reason that action against the water trolleys parked on the road, blocking the traffic, is taken.

¶6In view of the aforesaid position, the writ petitions are disposed of with the directions that the petitioners to strictly cornply with the conditions of the license and to place/park their water h'olleys at the licensed places only. If the water trolleys are found to be so parked at the places for palking the water trolleys and not otherwise to the terms and conditions of the licence, no action thereagainst shall be taken. However, if the water ftolleys are found palked at any place other than rnentioned in the licence, even if in the vicinity of the licensed place and blocking the traffic, the Delhi Police t shall be entitled to take action against the water trolleys. No order as to costs. RAJIV SAHAI ENDLAW. J *-J /y 5L 4l

20 to22 s- '< IN THE HIGH COURT OF DELHI AT NEW DELHI 20+ W.P.(C) s2/2010& CMNo.115/2010 (rr/S ls1 CPC for stay) SH. ASHOK KAPOOR -, ..... Petitioner Through: Mr. Prag Chawla, Mr. Manoj. Kapoor, Advocates. Versus GOVT OF NCT OF DELHI AND ORS. ..... Respondents Tlu'ough: Mr. Shoaib Haider, Adv. for Mr. N. ' Wazin. Adv. for R-1 GNCTD. Mr. Ajay Arora, Mr'. Kapil Dutta & Ml. Sarfi'az Ahmed, Advocates for R- 2 MCD. Mr. P.C. Sen & Ms. Aanchal Yadav, Advocates for R-3 NDMC. _\' A l-, -\ AND 2I+ $".P (C) 5312010 & CMNo.11712010 (u/S 151 CPC for stay) SMT. VEENA CHANANA Through: ..... Petitioner Mr. Prag Chawla, Mr. Manoj Kapoor, Advocates. Versus GOVT OF NCT OF DELHI AND ORS. ..... Respondents Tll'ough: Mr. Shoaib Haider, Adv. for M1.. N. Wazii, Adv. for R-l GNCTD. Mr. Ajay Alora, Mr. Kapil Dutta & Mr. Sarfraz Ahmed, Advocates for R- 2MCD. Mr. P.C. Sen & Ms. Aanchal yadav, Advocates for R-3 NDMC. I/ Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. t-i AND 22+ W.P.(C) 6012010 & CMNo.12512010 (u/S 151 CPC for stay) CHANDER MOHAN KOHLI ..... Petitioner Through: Mr. Prag Chawla, Mr. Manoj Kapoor, Advocates. Versus GOVT OF NCT OF DELHI AND ORS. ..... Respondents Tlu'ough: Mr'. Shoaib Haider, Adv. for Mr. N. Wazin, Adv. for R-l GNCTD. Mr. Ajay Arora, Mr. Kapil Dutta & Mr. Sarfraz Ahmed, Advocates for R- 2 MCD. Mr. P.C. Sen & Ms. Aanchal Yadav, Advocates for R-3 NDMC. CORAM: HON'BLE MR. JUSTICE RAJTV SAHAI ENDLAW