Sunil Kumar v. Govt Of NCT Of Delhi And ORS

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 896/2024 & CM Appl.3748/2024 SUNIL KUMAR ..... Petitioner Through:

Mr. M.K. Perwez, Adv.

versus GOVT OF NCT OF DELHI AND ORS ..... Respondents Through:

Mr. Rishikesh Kumar, ASC GNCTD with Ms. Sheenu Priya, Mr. Atik Gill, Mr. Sudhir Kumar Shukla and Mr.

Sudhir, Advs. for R-1.

Appearance not given for R-2 and RCORAM:

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

O R D E R

% 22.01.2024 1.

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

"Direct the Respondents not to dispossess or obstruct or disturb the Petitioners in carrying on his trade from his site i.e. Opposite Shop No.19, Sarojini Nagar Market, Sarojini Nagar, New Delhi-11 0023 of section 3(3) of the street vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 and;"

2.

The petitioner claims that he has been squatting opposite shop no. 19, Sarojini Nagar Market, New Delhi-110023. Although, the prayer in the petition does not precisely state the same, it appears that the petitioner apprehends that he would not be included in the survey. 3.

In so far as the petitioner's apprehension regarding being excluded from the survey is concerned, the learned counsel appearing for the 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 13/06/2024 at 12:22:29

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.

In view of the above statement, the petitioner's apprehension that he would be excluded from survey is clearly addressed. 5.

In so far as the petitioner's claim that he be permitted to squat opposite shop no. 19, 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.

6.

The petition is accordingly, disposed of. Pending application stands closed.

VIBHU BAKHRU, J TARA VITASTA GANJU, J JANUARY 22, 2024/r 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 13/06/2024 at 12:22:29