Ram Archa Kumar And ORS v. Municipal Corporation Of Delhi And ANR

$~41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 635/2024 RAM ARCHA KUMAR AND ORS ..... Petitioner Through:

Mr.Yashaswi SK Chocksy, Mr.Ankit Singh, Mr.Sushant Sagar, Advocates.

versus MUNICIPAL CORPORATION OF DELHI AND ANR ..... Respondent Through:

Mr.Kapil Dutta and Ms.Shilpa Ohri, Advocates for MCD.

Mr.Anurag Nasiar, Advocate for R2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 16.01.2024 CM APPL. 2762/2024 1.

Exemption is allowed, subject to just exception. 2.

The application stands disposed of.

W.P.(C) 635/2024 CM APPL. 2761/2024 3.

Petitioner has filed present petition, inter alia praying as under:- a.) Allow the present petition and issue a writ in the nature of mandamus or any otq.er writ of similar nature, directing the Respondents to allow the petitioners as mentioned in the memo of parties to peacefully vend in terms of the Certificate of Vending issued by Respondent No. 1; and/ or; b.) Issue a writ in the nature of mandamus or any other writ of similar nature, directing the Respondents to follow due procedure as enumerated in the Street Vendors Act, 2014 and Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019 while, as and when, seizing the goods of the petitioners and allocation of space; and/ or; 4.

The petitioner state that he has been vending from the designated site 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 21/05/2024 at 15:18:47

i.e. Yusuf Sarai Market, Hauz Khas, New Delhi and although he has been protected under Section 3(3) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, but he is being harassed and removed from his site by the respondents.

5.

The learned counsel appearing for the respondents states that if the petitioner is following the conditions as stipulated in the Certificate of Vending, they shall not be removed or restrained from carrying on their activity of street vending.

6.

The learned counsel for the petitioners submits that he is satisfied with the aforesaid statement made on behalf of the respondents. 7.

The respondents are bound down to the statements made by the learned counsels.

8.

The petition is, accordingly, disposed of.

VIBHU BAKHRU, J RAVINDER DUDEJA, J JANUARY 16, 2024 M Click here to check corrigendum, if any 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 21/05/2024 at 15:18:47