High Court of DelhiW.P.(C)/723/2018

Sulochna v. North Delhi Municipal Corporation & ANR

2018-04-23Hon'Ble Mr. Justice G.S.Sistani,Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 723/2018 SULOCHNA ..... Petitioner Through Mr. M. Rais Farooqui, Advocate versus NORTH DELHI MUNICIPAL CORPORATION & ANR.... Respondents Through Ms. Riji Rajesh and Mr. Gaurang Kanth, Advocate for North DMC.

Ms. Hetu Arora Sethi, ASC with Mr.

Abhimanyu Verma, Advocates for respondent no.2 along with SI Rakesh Kumar, P.S. Kotwali, Chandni Chowk.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 23.04.2018 This is a petition under Article 226 of the Constitution of India filed by the petitioner. Mr. Farooqui, counsel appearing on behalf of the petitioner submits that the petitioner is a regular street vendor and has been vending near Shani Mandir, Chandni Chowk, Delhi for the past many years. Being harassed at the hands of the officials of the respondents has forced him to approach this Court.

Ms. Riji Rajesh, counsel appearing on behalf of the North Delhi Municipal Corporation submits that the petitioner has been vending at Chandni Chowk, which has been declared as a 'no-hawking', 'no-vending' area, and has been blocking the free movement of traffic and pedestrians. At this stage, counsel for the petitioner submits that since fresh rules of Delhi Street Vendors (Protection of Livelihood and Regulation of Street

Vending) Rules 2017 have been notified on 10.01.2018, the petitioner would approach the Town Vending Committee(TVC) as and when it is functional with all supporting documents. Counsel for the North Delhi Municipal Corporation has no objection to the same. However, she does not admit any of the averments made in the writ petition.

In view of the stand taken, the writ petition stands disposed of. We direct the TVC to consider the case of the petitioner in accordance with law. We make it clear that we have not expressed any opinion on the merits of the matter.

CM.APPL 3077/2018 also stands disposed of.

G.S.SISTANI, J SANGITA DHINGRA SEHGAL, J APRIL 23, 2018 pst / W.P.(C) 723/2018 2/2