Sallauddin v. Govt Of NCT Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1231/2025 & CM Nos.6031/2025 & 6032/2025 SALLAUDDIN .....Petitioner Through:

Mr. M.K. Perwez, Adv.

Versus

GOVT OF NCT OF DELHI & ORS.

.....Respondents Through:

Ms. Sangita Malhotra & Ms. Pallavi Talwar, Advs. for R-4.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 31.01.2025 1.

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

"A.

Direct the Respondents not to dispossess or obstruct or disturb the Petitioners in carrying on his trade from his site i.e. Near Electric Pole in Parking D-Avenue, Sarojini Nagar Market, New Delhi-110023, and is selling tea and biscuits etc, since 2014, in terms of section 3(3) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 and;

B.

Direct the Respondents/Town Vending Committee to conduct the survey of the Petitioner within time bound manner and to issue certificate of vending in favour of the Petitioner as per the provisions of the Street Vendors (protection of livelihood and regulation of street Act 2014."

2.

We note that there is no material on record which would establish that petitioner has been carrying on vending activities as on 01.05.2014, the date on which, the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 came into force.

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3.

We also note that the number of persons claim that they have been carrying on vending activities in Sarojini Nagar market, New Delhi far exceed the capacity of that market. It is also material to note that the name of the petitioner also does not feature in the list of 628 persons who were found eligible for allotment of tehbazari spaces in the year 2012 and are beneficiaries of certain interim orders that have been passed by this court. 4.

Absent any material to prove that the petitioner was carrying on vending activities at the site in question on 01.05.2014 as on 01.05.2014, we are unable to accede to the relief as sought by the petitioner. However, we direct that this order would not preclude the petitioner from participating in the survey, which is being conducted and furnish all relevant material to establish that he has been carrying on vending activities as claimed. Needless to state that if the petitioner participates in the survey and furnishes the documents to establish that he has been carrying on vending activities, the concerned authority / Town Vending Committee (TVC) shall consider the same in accordance with law.

5.

The petition is disposed of in the aforesaid terms. Pending applications are also disposed of.

VIBHU BAKHRU, J TUSHAR RAO GEDELA, J JANUARY 31, 2025 'gsr'

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 10/02/2025 at 15:08:20