Sushma Devi v. The Secretary (Home), The Administration Of National Capital Territory & ORS

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2096/2016 SUSHMA DEVI ..... Petitioner Through:

Mr. Pinku Singh, Adv.

Versus

THE SECRETARY (HOME), THE ADMINISTRATION OF NATIONAL CAPITAL TERRITORY & ORS ..... Respondents Through:

Ms. Swaty S. Malik and Mr. Ajay Kumar, Advs. for R-1,4&5.

Mr. Anil Grover, Mr. Sriharsha Peechara, Mr. Mananjaya Mishra and Ms. Noopur Singhal, Advs. for R2&3.

SI Badri Prasad, P.S.-Connaught Place, New Delhi.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 11.03.2016 CM No.9018/2016 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

W.P.(C) 2096/2016 & CM No.9017/2016 (for interim protection) 3.

The petitioner seeks to restrain the respondents Delhi Administration, New Delhi Municipal Council (NDMC) and Delhi Police from disturbing her street vending activities from Janpath Lane, New Delhi. W.P.(C) 2096/2016

4.

The petitioner or her deceased husband were admittedly not licensed as Teh Bazari holders at any time prior to coming into force of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. All that the petitioner claims is that the name of her husband was shown at Serial No.1590 "according to the criteria finalised by the Vending Committee under the Scheme of Urban Street Vendors in NDMC Area". 5.

The same cannot make the petitioner a licensed vendor. 6.

This Court has in all such cases coming before it has not been granting such protection claimed. The last of such orders is order dated 19th February, 2016 in W.P.(C) No.1415/2016 titled Akhilesh Kumar & Ors. Vs. New Delhi Municipal Council & Ors. setting out detailed reasons for denying such reliefs.

7.

In the light thereof, need is not felt to reiterate the reasons here. 8.

There is no merit in the petition; dismissed. 9.

However the petitioner in accordance with law shall be entitled to approach the Town Vending Committee constituted under the Street Vendors Act aforesaid.

No costs.

RAJIV SAHAI ENDLAW, J.

MARCH 11, 2016 bs..

W.P.(C) 2096/2016