Trilok Chand and Ors v. N.D.M.C. and Anr

ORDER %

08.10.2012

¶1Present writ petition has been filed by petitioners under Article 226 of the Constitution of India seeking a writ, order or direction in the nature of mandamus directing the respondent NDMC not to harass the petitioners from continuing squatting from their present sites. The petitioners also seek a direction to the NDMC to allot a suitable vending site till the vending committee of the NDMC completes entire exercise of allotment of vending sites.

¶2As prayed by counsel for the parties present writ petition and application for stay is taken up for final hearing and disposal.

¶3As per the writ petition, petitioners, who are street vendors, have been vending since long at the sites mentioned in the writ petition. In the year 2007, the respondent NDMC, pursuant to the direction issued by the Supreme Court of India, invited application for allotment of vending site. Pursuant to the said scheme petitioner made an application to the respondent NDMC for allotment of a vending site.

¶4On the last date of hearing, this matter was adjourned to enable counsel for the respondent NDMC to obtain instructions. Today, u Ms.Ritu Bhardwaj, learned counsel for the respondent NDMC, submits that the name of petitioner no.l finds mentioned at SI. No.376 in the list of 386 vendors and he has been allotted a site at corner towards North in Sarojini Nagar Market, New Delhi; the name of petitioner no.2 finds mentioned at SI.No.114 in the list of 386 vendors and he has been allotted a site at pavement, near Lok Nayak Bhawan, New Delhi; and, the name of petitioner no.3 finds mentioned at SI.No.147 in the list of 386 persons and he has been allotted a site adjacent to a shop at Laxmi Bai Nagar Market, New Delhi.

¶5Learned counsel for the petitioners on instructions submits that I petitioners have objection to the above site allotted to the petitioners by the NDMC.

¶6Accordingly, the petitioners shall appear before the Director (Enforcement), NDMC, on 12.10.2012, along with all the relevant documents, to enable the NDMC to process the case of the petitioners. NDMC shall hand over possession of the abovesaid site to the petitioners within two weeks from the date of receipt of all the documents from the petitioners.

¶7In view of the stand taken by learned counsel for the respondent NDMC, counsel for the petitioners submits that no further orders are required to be passed in the present writ petition and the application for stay. Accordingly, writ petition and application stand disposed of in above terms.

¶8Let copy of this order be given DASTI to counsel for the parties under the signature of Court Master. \ i G.S.SISTANI,T OCTOBER 08, 2012 msr W.p.(C) 5942/2012

• I 75. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5942/2012 & CM 12232/2012 TRILOK CHAND AND ORS Petitioners Through : Mr.Sumit K.Singh, Adv. versus N.D.jvi.C. AND ANR Respondents Through : Ms.Ritu Bhardwaj, Adv. for NDMC. jvlr.Majid Durrani, Adv. for Mr.Sacchin Chopra, Adv. for respondent no.2. CORAI^: HON'BLE MR. JUSTICE G.S.SISTANI