Anil Kumar Gupta v. Municipal Corporation Of Delhi And ANR

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3363/2025 & CM APPL. 15874/2025 ANIL KUMAR GUPTA .....Petitioner Through:

Mr. Kshitiz Mahipal Advocate & Ms.

Khairun Nisa, Advocate M: 9999994372 versus MUNICIPAL CORPORATION OF DELHI AND ANR.

.....Respondents Through:

Mr. Kapil Dutta and Mr. Vansh Luthra, Advocates for MCD Mob: 9811135509 Mr. Moksh Arora, Advocate for R-2 Mob: 9999061836

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 19.03.2025 CM APPL. 15874/2025 (for Exemption) 1.

Exemption allowed, subject to just exceptions. 2.

Application is disposed of.

W.P.(C) 3363/2025 3.

The present writ petition has been filed praying for directions to the respondent no. 1, i.e., Municipal Corporation of Delhi ("MCD"), to rehabilitate the petitioner and for restoration of the electricity connection of the petitioner.

4.

Further, there is prayer for payment of compensation for demolition of the stall of the petitioner, i.e., Stall no. 1, Ground Floor, Wall of U.P. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Roadways Bus Stand, Gate No.2, New Delhi, which was demolished by respondent no. 1.

5.

Responding to the submissions made in the present petition, learned counsel appearing for respondent no. 1-MCD on advance notice, draws the attention of this Court to the allotment letter dated 17th January, 2008, in favour of the petitioner, which reads as under: 6.

By referring to the aforesaid allotment letter, learned counsel appearing for MCD submits that the petitioner had only been allotted a hawking site near the wall of U.P. Roadways, Gate No. 2, New Delhi Railway Station.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

He submits that the petitioner had unauthorizedly built up a temporary structure therein, which he was not authorized to do. Thus, he submits that the said temporary structure built up by the petitioner on his hawking site, constituted an encroachment, which has been duly removed by the MCD during the course of encroachment removal action in the area. He has handed over the photographs of the structure of the petitioner, which he had unauthorisedly built over his hawking site. The same is reproduced as under: 8.

He, thus, submits that action for removal of the said encroachment has been taken by the MCD on 8th March, 2025, with due assistance from the police.

9.

The documents handed over by learned counsel appearing for respondent no. 1, are taken on record.

10.

After hearing learned counsel appearing for respondent no. 1, it is manifest that the petitioner has been only allotted a hawking site at Stall no. 1, ground floor, Wall of U.P. Roadways Bus Stand, Gate No.2, New Delhi, where the petitioner, is permitted only to hawk. Therefore, no structure, temporary or permanent, could have been built by the petitioner at the said hawking site.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

At this stage, learned counsel appearing for the petitioner submits that the since the petitioner is an authorized licensee, he may be allowed to hawk from the site in question. He submits that the petitioner shall not construct any temporary or permanent structure, at the site and that he shall continue with his business accordingly.

12.

If that be the case, it is directed that the petitioner shall be allowed to carry out his hawking activity from the site in question, that has been allotted to him.

13.

However, it is clarified that the petitioner shall not construct any temporary or permanent structure, therein.

14.

Subject to the petitioner following the terms and conditions of the allotment of the hawking site, the petitioner, is allowed to continue to hawk from the site in question.

15.

With the aforesaid directions, the present petition is disposed of. MINI PUSHKARNA, J MARCH 19, 2025 ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.