Mishri Kumar Shah & ORS. v. Commissioner Of Delhi Police & ORS.
$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2316/2024 CM APPL. 9600/2024 MISHRI KUMAR SHAH & ORS. ..... Petitioners Through:
Mr.Aditya Rajeshwar and Ms. Jayanti Shastri, Advocates.
versus COMMISSIONER OF DELHI POLICE & ORS. ..... Respondents Through:
Mr.Divyam Nandrajog, PC and Mr.Jatin Dua, Advocate for GNCTD with Inspector Abhinendra Singh, Traffic Dwarka and SI Sudeep Kumar, PS Bindapur.
Mr.Sanjeev Sagar, SC and Ms.Nazia Parveen, Advocate for MCD.
Mr.Arjun Pant, ASC and Ms.Latika Malhotra, Advocate for DDA.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU
O R D E R
% 23.04.2024 1.
The petitioners (28 in numbers) have filed the petition, inter alia, praying as under: - 'I. Pass an order restraining the respondents to threaten, evict or intimidate the petitioners in any manner leading to removal of the vendors from the spot where they are/were vending presently.
II. Pass directions, orders or writs in the nature of mandamus commanding the respondent to conform to their statutory obligations under The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014.'
2.
The present matter was listed on 16.02.2024 and this Court had passed the following order: - '3. Issue Notice. The learned counsel appearing for the respondents accept notice and seeks time to file a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
status report.
4. The learned counsel appearing for the petitioner states that in view of the order dated 16.01.2024 passed by this Court in W.P.(C) 241/2024 captioned Bindapur DDA Flats Residents Welfare Association (Regd.) v. Union of India and Ors., the SHO, PS Bindapur is not permitting the petitioner to carry on any vending activity at any place. By the said order, this Court had directed the concerned police authorities to ensure that the right of way be kept free from any encroachment and is maintained at all times. The Court had also directed that no illegal electricity is drawn in the particular area. The said order was passed as the photographs annexed with the said writ petition indicated that the entire street had been converted into a market and thus, leaving no room for any vehicle to pass.
5. The learned counsel appearing for the petitioners submits that the petitioners are only using battery operated lamps to sell their wares/food items.
6. The mobile street vendors who have been issued Certificate of Vending are required to move every 30 minutes from the site. Further, they cannot carry on any vending activity on the street by encroachment on the right of way. It is clarified that subject to the said conditions being complied with, the street vendors are prevented from vending activities.
6. List on 23.04.2024.'
3.
The last sentence of paragraph of the above order was rectified by an order dated 23.04.2024 to read as "It is clarified that subject to the said conditions being complied with, the street vendors are not prevented from carrying vending activities"
4.
The learned counsel for the petitioners submits that this petition may be disposed of in terms of the aforesaid orders passed by this Court. 5.
In view of above, the order dated 16.02.2024 as rectified vide order The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
dated 23.04.2024 is made absolute.
6.
The petition stands disposed of in the aforesaid terms. Pending application is also disposed of.
VIBHU BAKHRU, J TARA VITASTA GANJU, J APRIL 23, 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.