Shailendra Singh v. Govt. Of NCT Of Delhi & ORS.

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2933/2023 CM APPL. 11436/2023 SHAILENDRA SINGH ..... Petitioner Through:

Mr. Rajinder Kumar, Adv.

versus GOVT. OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Jitendra Kumar Tripathi, ASC for NDMC.

CORAM:

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

O R D E R

% 22.04.2024 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. Opposite Shop No.5, 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 20 14 and;

B. Further to conduct the survey of the Petitioner 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.

The petitioner claims that he was selling permissible goods from a vending site described as 'Opposite Shop No.5, Sarojini Nagar Market, New Delhi-110023'.

3.

The NDMC has filed a counter-affidavit stating that the petitioner is an unauthorised vendor and is not permitted to vend at the site. It is further stated that the petitioner's name does not feature in the list of 628 unauthorised vendors, who were operating at the relevant time and are 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 25/04/2024 at 12:22:19

covered by protective orders passed by this Court. 4.

The learned counsel for the respondents submits that there are a large number of street vendors, who claim that they are entitled to vend from sites located in Sarojini Nagar. However, the capacity of the market is insufficient to support such a large number of vendors.

5.

This Court is informed that a survey is being conducted. In this view, we dispose of this petition by directing that the petitioner would also have a right to participate in the survey and furnish all the documents or material to establish that he has been carrying on vending activities. It is stated that the Town Vending Committee (TVC) shall consider the material and documents as furnished by the petitioner for taking an informed decision. 6.

The petition is disposed of in the aforesaid terms. All pending application(s) stand disposed of.

VIBHU BAKHRU, J TARA VITASTA GANJU, J APRIL 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 25/04/2024 at 12:22:19