Raj Rani and Anr v. New-Delhi Muncipal Council and Ors

O R D E R %

11.11.2024

CM APPL. 65594/2024 (EX.)

Allowed, subject to all just exceptions. The application is disposed of. W.P.(C) 15634/2024 & CM APPL. 65593/2024 (INTERIM RELIEF)

¶1This writ petition has been preferred seeking the following reliefs:- "(a) To issue a writ of mandamus or appropriate writs or direction or order or orders, directing the respondents to restrain themselves from disturbing the petitioners till appropriate planning for street vending be prepared under section 21 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending ) Act-2014 and fresh survey be conducted by under section 3 of the said Act-2014 for vending squatting jointly on existing place of squatting opposite Shop No K-1, Bindla's Pan Shop. Palika Car Parking Op-Gate No 2, New-Delhi-1 where she has been squatting Since year1984; and This is a digitally signed order. (b) To pass such other and further order or orders as this Hon'ble court deem fit and proper in the interest of Justice.:

¶2Admittedly, the petitioner is not physically challenged and thus cannot possibly seek parity with those whose case formed subject matter of our consideration in our order of 10 September, 2024.

¶3Undisputedly, the area around Palika Bazar has been declared to be a 'no vending zone'. We, consequently, find ourselves unable to consider granting the reliefs as prayed for.

¶4The writ petition fails and shall stand dismissed.

¶5This order, however, shall not preclude the petitioner from applying for being allotted an alternate site. Any such application that may be made shall be considered by the competent authority in accordance with law.

YASHWANT VARMA, J.

DHARMESH SHARMA, J. NOVEMBER 11, 2024 Ch

This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15634/2024 & CM APPL. 65593/2024 (INTERIM RELIEF) RAJ RANI AND ANR .....Petitioners Through: Mr. N.K. Sahoo & Mr. S.B. Sahoo, Advs. versus NEW-DELHI MUNCIPAL COUNCIL AND ORS .....Respondents Through: Ms. Sangita Malhotra & Ms. Pallavi Talwar, Advs. for R3. CORAM: HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE DHARMESH SHARMA