High Court of DelhiW.P.(C)/6777/2022

Kamlesh & ANR. v. South Delhi Municipal Corporation And ORS

2024-05-09Hon'Ble Mr. Justice Vibhu Bakhru,Hon'Ble Ms. Justice Tara Vitasta Ganju3 pages

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6777/2022 CM APPL. 20599/2022 CM APPL. 60521/2023 KAMLESH & ANR.

..... Petitioners Through:

Mr.Bibhuti Bhushan Mishra, Mr.Dipak Raj, Mr.Kamlesh Kr Mishra, Ms.Tripti Juyal, Mr.Jatin Solanki and Mr.Kulsm Hasan, Advocates.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS ..... Respondents Through:

Mr.Tushar Sannu, SC, Mr.Satyam Sondhi, Mr.Hardik Saxena and Mr.Manoviraj Singh, Advocates for MCD.

Mr. Abhinav Garg, PC and Mr. Mihir Gujjewar, Advocate for GNCTD.

Mr.Roshan Lal Goel and Ms.Anju Goel, Advocates for R5/AIILSG.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 09.05.2024 1.

Both the petitioners have filed the present petition, inter alia, praying that their Certificates of Vending (hereafter the COVs) be corrected to reflect their correct place of vending as 'Central Zone Ward No.S-101 instead of 'Central Zone, Ward S-103'.

The Municipal Corporation of Delhi (hereafter the MCD) had filed the counter affidavit stating that the petitioners' request for correction of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

their COVs was forwarded to the concerned agency - All India Institute of Local Self Government, New Delhi (hereafter the AIILSG) - for necessary correction. And, the said correction is required to be carried out by the AIILSG. Accordingly, the notice was issued to AIILSG. 3.

Mr.Goel, learned counsel appearing on behalf of AIILSG along with Mr.Pashim Tiwari, Technical Director, submits that a survey was carried out and instead of writing their Ward number, the petitioners had indicated their place of vending as Sarita Vihar, which falls in Central Zone, Ward No.S101. However, while translating the same, the ward number was incorrectly reflected as Central Zone, Ward-S-103.

He also submits that although there is no cavil that error has crept in the printing of the COVs, but AIILSG cannot carry out any correction. The MCD has appointed another agency - Kash IT Solutions Private Limited - and the entire data relating to the survey conducted by AIILSG was handed over to the said agency. He submits that AIILSG can print the corrected COVs but will not be able to carry out corrections in the master data. This Court is informed that the agency - Kash IT Solutions Private Limited - appointed by the MCD only has the access to the cloud platform and currently, the said agency is not responsive. 5.

In view of the above, we direct AIILSG to print the correct COVs of the petitioners so as to depict the correct area of vending activities of the petitioners as 'Central Zone Ward No.S-101' in place of 'Central Zone, Ward-S-103' within a period of two weeks from date. After printing, the correct COVs be handed over to the MCD. The MCD shall hand over the corrected COVs to the petitioners on their approaching the MCD and surrendering earlier original COVs. The MCD shall also take steps to ensure The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

that the data of COVs is rectified on the cloud platform so as to reflect the correct place of vending of the petitioners.

The petition stands disposed of in the above terms. All pending applications also stand disposed of.

VIBHU BAKHRU, J TARA VITASTA GANJU, J MAY 09, 2024 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.