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High Court of DelhiW.P.(C)/1222/2020

Rajender Chaurasia And ORS. v. South Delhi Municipal Corporation And ANR.

2020-02-03Hon'Ble Ms. Justice Hima Kohli,Hon'Ble Ms. Justice Asha Menon2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1222/2020 RAJENDER CHAURASIA AND ORS.

..... Petitioners Through: Mr. Ajay Kumar Singh and Mr. Shiv Kumar Kohli, Advocates versus SOUTH DELHI MUNICIPAL CORPORATION AND ANR.

..... Respondents Through: Ms. Sangeeta Chandra, Advocate for R-1/SDMC with Mr. Sanjay Kumar, Law Inspector/South Zone.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE ASHA MENON

O R D E R

% 03.02.2020 W.P.(C) 1222/2020, C.M. No. 4175/2020 (Exemption) and C.M. No. 4176/2020 (stay) 1.

The present petition has been filed by five petitioners, who have averred therein that they are vending at different sites in Pocket D-2, Vasant Kunj, New Delhi at the red light crossing, for the past several years and the respondent No.1/SDMC has illegally removed them from the said sites on 19.11.2019.

2.

Learned counsel for the petitioners states that aggrieved by the said action, the petitioners had approached the TVC and submitted a representation dated 13.12.2019 (Annexure-P-11) but the said representation W.P.(C) 1222/2020

has not been considered so far.

3.

Ms. Chandra, learned counsel for the respondent No.1/SDMC, who appears on advance notice states that if the petitioners have submitted a representation, as mentioned in the writ petition then, it is for them to pursue the matter with the TVC. She further states on instructions from Mr. Sanjay Kumar, Law Inspector, South Zone, SDMC that the TVC of the area has been constituted and is functional and its first meeting had taken place on 27.12.2019. She states that the Department shall bring to the notice of the respondent No.2/TVC, the representation dated 13.12.2019 made by the petitioners, so that the same can be considered and appropriate orders passed thereon.

4.

While declining to entertain the present petition, when the remedy of the petitioners lies before the TVC, the respondent No.2/TVC is directed to consider and dispose of their representation within eight weeks under written intimation to them.

5.

The petition is disposed of along with the pending applications. HIMA KOHLI, J ASHA MENON, J FEBRUARY 03, 2020/ap W.P.(C) 1222/2020