Pradeep Kumar & ORS v. New Delhi Municipal Council & ANR

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18/2017 PRADEEP KUMAR & ORS ..... Petitioners Through Mr.Sumit Singh, Adv. with Ms.Renu Singh, Adv.

versus NEW DELHI MUNICIPAL COUNCIL & ANR ..... Respondents Through Mr.Sri Harsha Peechara, ASC with Mr.Mananjay Kr. Mishra and Ms.Vidhi Jain, Advs. for NDMC.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 03.01.2017 CM.APPL 133/2017 (Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 18/2017 & CM No.134/2017 Nine petitioners have filed the present writ petition seeking protection and a direction to the respondent not to harass them and allow them to vend from their sites which they claim to be vending from different dates ranging

from 1991 to 2001.

Mr.Peechara, learned counsel for the NDMC, who enters appearance on an advance copy, submits that the contentions raised and allegations made in the writ petition are disputed and denied. He submits that the petitioners, who are vending around the gates of the Safdarjung Hospital, have occupied larger area than the prescribed area, are obstructing free flow of traffic including patients, ambulance and other utility vehicles around the gates of the Safdarjung Hospital. He submits that the area in question is a restricted vending zone. He submits that with a view to regulate the area in question the drives are conducted and the illegal encroachers are removed. He further submits that the problem regarding the petitioners is self-created on account of their blocking the pedestrians and other traffic. Learned counsel for the petitioners at this stage submits that he would file an undertaking of all the petitioners that they would vend only in an area of 3'x4' and also comply with all the rules, regulations and norms of the NDMC.

Learned counsel for the NDMC submits that should the petitioners comply with the rules, regulations and norms of the NDMC, subject to final decision which may be taken in accordance with the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, the petitioners would not be disturbed.

The undertaking be filed by the petitioners within one week with advance copy to the learned counsel for the NDMC. However, we make it clear that should the petitioners violate any of the rules, regulations and norms of the NDMC, the NDMC is free to take any action as available in accordance with law.

With the aforesaid directions, the writ petition and all applications are disposed of. Dasti.

G.S.SISTANI, J.

VINOD GOEL, J.

JANUARY 03, 2017/jitender