Zahid Khan v. Government Of NCT Of Delhi & ORS.

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4271/2020, CM. 15377/2020 , CM. 15378/2020 & CM. 15379/2020 ZAHID KHAN ..... Petitioner Through: Mr. Arjun Rekhi, Mr. Daksh Arora and Mr. Jappanpreet Hora, Advocates.

Versus

GOVERNMENT OF NCT OF DELHI & ORS.

.... Respondents Through:

Mr.

Devesh Singh, ASC for respondents No. 1 & 3/GNCTD.

Ms. Jyoti Taneja, Advocate for Nr.DMC.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 17.07.2020 HEARD THROUGH VIDEO CONFERENCING The present petition has been filed by the petitioner praying inter alia for issuing directions to the respondent No.1/Government of NCT of Delhi (GNCTD), the respondent No.2/Nr.DMC and the respondent No. 3/Delhi Police to constitute a Town Vending Committee of the area where he claims he was vending, i.e., Sadar Pahar Ganj area and conduct a survey of the said area. Further, the petitioner prays that he may not be disturbed from vending/from resuming vending at a fixed point at Kabootar Market, opposite Lal Quila, Subhash Park.

Ms. Taneja, learned counsel for the respondent No.2/Nr.DMC informs us that a Town Vending Committee (TVC) of City SP Zone is already in W.P. (C) 4271/2020 Page 1 of 2

place and the submission made by the other side that the TVC has yet to be appointed, is factually erroneous. She further states that the respondent No.1/GNCTD has issued a Notice on 26.02.2020 appointing two private agencies to conduct a survey of all the areas in Delhi in terms of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. She also denies that the petitioner is vending at the site in question.

In view of the fact that a TVC has been constituted and is functional, we decline to entertain the present petition. It is for the petitioner to approach the TVC with an appropriate application duly supported by the relevant documents for relief.

The petitioner will however be entitled to refer to and rely on all the documents in his power and possession to demonstrate that he was vending at the site in question and his absence from the site will not be a ground to disregard his claim.

The petition is disposed of, along with the pending applications. HIMA KOHLI, J SUBRAMONIUM PRASAD, J JULY 17, 2020/A W.P. (C) 4271/2020 Page 2 of 2