Rajesh Kumar Rai v. Govt. Of NCT Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1319/2025 & CM APPL. 6510/2025 RAJESH KUMAR RAI .....Petitioner Through:

Mr M K Parwez, Advocate.

versus GOVT. OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr Sameer Vashisht, SC for GNCTD/R1.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 04.02.2025 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. in Front of Shop No. T-3, Mini Market, Sarojini Nagar Market, New Delhi-110023, 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 vending} Act 2014."

2.

In so far as the petitioner's prayer to be permitted to vend at Sarojini Nagar Market is concerned, the relief cannot be granted. The petitioner was not one of the 628 street vendors that were found eligible for allocation of tehbazari spaces in the year 2012. There is also no material on record to 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 11/02/2025 at 11:04:47

establish that the petitioner was carrying on his vending activities from the given site on 01.05.2014, being the date on which the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereafter the Street Vending Act) came into force. 3.

Thus, this court is unable to accept that the benefit of Section 3(3) of the Street Vending Act is required to be extended to the petitioner. 4.

We also note that there are large number of street vendors, who claim to be carrying on vending activities from Sarojini Nagar Market. The said number far exceeds the capacity of the said market. 5.

In view of the above, we are not persuaded to accept that the relief, as sought for, can be granted to the petitioner. 6.

In so far as the prayer for conducting the survey is concerned, this court is informed that the process of survey is going on. In view of the above, no further orders are required to be passed in this regard. However, we clarify that this order will not preclude the petitioner from participating in the survey and furnishing of such documents or material to establish that he is a bona fide street vendor.

7.

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

VIBHU BAKHRU, J ANOOP KUMAR MENDIRATTA, J FEBRUARY 04, 2025 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 11/02/2025 at 11:04:47