Bhagoli v. Government of NCT of Delhi & Ors

J U D G M E N T

SIDDHARTH MRIDUL, J. (OPEN COURT)

¶1The present writ petition under Article 226 of the Constitution of India, has been instituted on behalf of the petitioner, praying as follows:-"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to issue a writ of mandamus or any other appropriate writ, or direction:-

A. Direct the Respondents not to dispossess or obstruct or disturb the Petitioners in carrying on his trade from his site i.e. Near Gate No. 3, Palika Bazar, Connaught Place, or any other alternative site in the Connaught place area, New Delhi-110001, in terms of section 3(3) of the street vendors {Protection of Livelihood and Regulation of Street Vending} Act 2014 and;

B. Direct the Respondents/Town Vending Committee to conduct the survey of the Petitioner within time bound manner and to issue certificate of vending in favour of the Petitioner as per the provisions of the Street Vendors (Protection of livelihood and regulation of Street Vending) Act 2014.

Any other relief which this Hon'ble Court may deem fit and proper, may be granted in favour of the Petitioner, keeping in view overall facts and circumstances and also in the interest of justice."

¶2Issue notice.

¶3Mr. Karan Bhardwaj, learned Additional Standing Counsel accepts notice on behalf of the respondent No. 1 and 3/GNCTD. Mr. Sri Harsha Peechara, learned Standing Counsel accepts notice on behalf of the NDMC/ Respondent no. 2.

¶4Mr. Ram Narayan Singh, learned counsel appearing on behalf of the petitioner, limits the relief to a direction to the Town Vending Committee (TVC), to consider the petitioner's representation dated

25.05.2023, annexed as Annexure P-3 to the present writ petition, in accordance with law, expeditiously.

¶5Learned counsel appearing on behalf of the GNCTD states that the survey to be conducted by the duly constituted Town Vending Committee, shall commence forthwith, in accordance with the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014, as well as, the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2017 and The Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019.

¶6Learned counsel appearing on behalf of the NDMC states, that they shall render assistance, as may be required by the GNCTD, in this behalf.

¶7Directed accordingly.

¶8No further relief is prayed for.

¶9In view of the foregoing, the present writ petition is partly allowed, and disposed of with a direction to the Town Vending Committee, to consider the petitioner's representation dated 25.05.2023, in accordance with law, during the conduct of the current survey.

¶10The pending application also stands disposed of.

¶11A copy of this judgment be uploaded on the website of this Court.

SIDDHARTH MRIDUL

(JUDGE)

TALWANT SINGH (JUDGE) MAY 31, 2023 Aanchal

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#S-53 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 31.05.2023 W.P.(C) 7860/2023& CM APPL. 30295/2023 (for direction) BHAGOLI ….Petitioner Versus GOVERNMENT OF NCT OF DELHI & ORS. ….Respondents Advocates who appeared in this case: For the Petitioner : Mr. Ram Narayan Singh, Mr. Anand C. Shailani, Mr. Rajinder Kumar, Advocates. For the Respondents : Mr. Sri Harsha Peechara, ASC with Mr. Ashish Tiwari, Assistant Standing Counsel with Ms. Harshita Gupta, Mr. Sahib Patel & Mr. Shubham Kumar Mishra, Advocates for NDMC. Mr. Karan Bhardwaj, ASC GNCTD. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE TALWANT SINGH