Sumer Singh v. New-Delhi Muncipal Council And ORS

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2655/2025, CM APPL. 12599/2025&CM APPL. 12600/2025 SUMER SINGH .....Petitioner Through:

Mr. N. K. Sahoo, Advocate.

versus NEW-DELHI MUNCIPAL COUNCIL AND ORS .....Respondents Through:

Mr. Sriharsha Peechara, SC, Mr.

Akshat Kulshreshtha, Mr. D. S.

Bhanu, Mr. Chinmy Singh, Mr.

Madan Mohan Chobey, Advocate for R/NDMC.

Mr. Raj Kumar Yadav, SPC, Mr.

Kapil Dev Yadav, GP & Ms. Tripti Sinha, Mr.

Vaibhav Bhardwaj, Advocates for R-3.

CORAM:

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

O R D E R

% 03.03.2025 1.

The petitioner has filed the present petition, inter alia, praying as under:- "(a) To issue a writ of mandamus or appropriate writs or direction or order or orders, directing the respondents to restrain themselves from disturbing the petitioner till appropriate planning for street vending be prepared under section 21 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act-2014, enabling him to participate in the ensuing survey being conducted with effect from 02.01.2025 under section 3 of the said Act-2014 for vending squatting peacefully on existing place of squatting in front of /opposite Gate No 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 07/03/2025 at 14:38:59

2 , D-AVENUE , Sarojini Nagar Market , Sarojini Nagar, New-Delhi-23."

2.

It is the petitioner's claim that he is a street vendor and was carrying on his vending activities at the site described as opposite Shop No. 139, Sarojini Nagar Market, New-Delhi. He claims that for the past seven years he has been vending ready-made items in front of Gate No.2, D-Avenue, Sarojini Nagar Market, Sarojini Nagar New-Delhi-23. The learned counsel appearing for the New Delhi Municipal Council (NDMC) submits that the aforesaid claims made by the petitioner are disputed. 3.

Mr. N. K. Sahoo, the learned counsel appearing for the petitioner submits that he would be satisfied if an order is passed directing that the petitioner be permitted to participate in the survey that is being conducted. 4.

We find no plausible objection to the said request. Accordingly, the petitioner is at liberty to participate in the on-going survey. He is also at liberty to provide the concerned authorities, such documents and material as available with him to establish that he is a bona fide street vendor and has been carrying on his vending activities as claimed. 5.

Needless to state that concerned authority shall consider the same in accordance with law.

6.

The writ petition is disposed of in the aforesaid terms. Pending applications shall also stand closed.

VIBHU BAKHRU, J TEJAS KARIA, J MARCH 03, 2025/tr 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 07/03/2025 at 14:38:59