Yougender v. New-Delhi Muncipal Council And ORS

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 248/2024 YOUGENDER ..... Petitioner Through:

Mr. N.K. Sahoo, Adv.

versus NEW-DELHI MUNCIPAL COUNCIL AND ORS..... Respondents Through:

Mr. Sriharsha Peechara, Standing Counsel, Mr. Chetanya Singh, Addl.

SC, Mr. Tushar Sannu, Asst. SC, Mr.

Sahaj Karan Singh, Ms. Harshita Gupta and Mr. Shubham Kumar Mishra, Advs. for NDMC.

Mr.

Divyam Nandrajog, Panel Counsel, GNCTD with Mr. Jatin Dua, Adv. for R-3.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 09.01.2024 1.

The petitioner has filed the present petition inter-alia praying as under:

"To issue a writ of mandamus or appropriate writ or direction or order directing the respondents to allow the petitioner to participate in the Survey intended to be conducted in the year 2024 by Town Vending Committee in accordance with law at his place of squatting in front of Gate No-2 , D-Avenue , Sarojini Nagar Market , Sarojini Nagar , New-Delhi-23 ;"

2.

The petitioner claims that he has been squatting in front of Gate No.2, D-Avenue, Sarojini Nagar Market, New Delhi-110023 and apprehends that he would not be included in the survey. Although, the prayer in the petition does not precisely state the same, it appears that the petitioner also seeks that W.P.(C) 248/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/05/2024 at 12:29:49

he may be permitted to continue squatting in front of Gate No.2, D-Avenue, Sarojini Nagar Market, New Delhi-110023 till the disposal of the above-captioned writ petition.

3.

In so far as the petitioner's apprehension regarding being excluded from the survey is concerned, the learned counsel appearing for the respondents submits that in terms of paragraph 1.1.12 of the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme 2019, all persons claiming to be street vendors would be provided an opportunity to submit evidence in support of their claim that they were engaged in street vending. He submits that this would be irrespective of whether a street vendor has been found at the given site. 4.

The respondent is bound down to the statement made by his counsel. 5.

In view of the above statement, the petitioner's apprehension that he would be excluded from survey is clearly addressed. 6.

In so far as the petitioner's claim that he be permitted to squat in front of Gate No.2, D-Avenue, Sarojini Nagar Market, New Delhi-110023 is concerned, this Court cannot pass any such orders at this stage as the issue, whether he has been squatting at the given site is required to be determined by the concerned authority.

7.

The petition is accordingly, disposed of.

VIBHU BAKHRU, J TARA VITASTA GANJU, J JANUARY 9, 2024/r Click here to check corrigendum, if any W.P.(C) 248/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/05/2024 at 12:29:49