Janpath Lane Small Shopkeeper Traders Association v. New Delhi Municipal Corporation And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2544/2025 & CM APPL. 12004-05/2025 JANPATH LANE SMALL SHOPKEEPER TRADERS ASSOCIATION .....Petitioner Through:

Dr Sumant Bhardwaj, Advocate.

versus NEW DELHI MUNICIPAL CORPORATION AND ANR.

.....Respondents Through:

Mr Akshay Verma, ASC for NDMC/ R1 Mr Tushar Sannu, and Ms Bandita, Advocates for GNCTD/R2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 28.02.2025 1.

The petitioner is a society registered under the Societies Registration Act, 1860. It is claimed that it is constituted by ninety-nine number of members who are carrying on their vending activities. The petitioner also claims that the said members were allotted space at IOB, Janpath Complex for carrying on their vending activities.

2.

In the aforesaid context the petitioner, inter alia, prays as under: "(i) Issue a writ of mandamus or any appropriate writ directing the respondent to provide the petitioner a proper roof with electricity or in the alternative to settle the petitioners at the site approved by the NDMC;"

3.

The petitioner states that the Chaturvedi Committee, which was set up by the Supreme Court, had allotted sites described as site no.101 to 107 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

size 6X4 feet and 4X3 feet in Jeevan Bharti/IOB Complex, by an order dated 03.08.1999.

4.

However, the said allotment could not fructify as New Delhi Municipal Council (NDMC) filed a petition informing the said Committee that it intended to re-develop the said area. It was proposed at that stage that the space between the IOB Building and Jeevan Bharthi Building, which was to be developed into a parking area and raised pedestrian plaza, would include fifty-two spaces measuring 3 x 4 feet. The proposal was accepted. It is claimed that the members of the petitioner association are carrying on their vending activities from the spaces so allocated to them. 5.

As stated above, the petitioner now claims that its members be provided proper covered spaces with electricity. 6.

The learned counsel appearing for the NDMC opposes the relief sought for by the petitioner.

7.

We are unable to accept that the relief as sought for by the petitioner can be granted by this court at this stage. The allotment of vending spaces by the concerned authority is required to be done in conformity with a vending plan, to be prepared under Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. 8.

The said vending plan would be prepared only after the survey for all street vendors is completed and a Town Vending Committee (TVC-II) is constituted.

9.

The petition is, accordingly, dismissed. Pending applications are also disposed of.

10.

We clarify that this would not preclude the members of the petitioner from approaching the Town Vending Committee at an appropriate stage for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

allotment of appropriate sites. Needless to state that if at any stage, a request is made, the same would be considered in accordance with law. VIBHU BAKHRU, J TEJAS KARIA, J FEBRUARY 28, 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.