Kamla Devi v. New-Delhi Muncipal Council And ANR

$~61 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5077/2025 & CM APPL. 23294/2025 KAMLA DEVI .....Petitioner Through:

Mr. Nagender Kumar Sahoo, Adv.

versus NEW-DELHI MUNCIPAL COUNCIL AND ANR .....Respondents Through:

Mr. Harsha Peechara, Mr. Akshat, Mr.

Akhilesh Loya, Advs.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

% 06.05.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed by the Petitioner under Article 226 of the Constitution of India, inter alia, seeking appropriate directions to restrain the Respondents from disturbing the Petitioner from squatting and vending at Gate 4, Palika Bazar, Connaught Place, New Delhi (hereinafter "the vending area").

3.

The Petitioner also seeks permission to participate in the survey to be conducted by the Town Vending Committee, NDMC (hereinafter "TVC"). This is the third petition filed by the Petitioner seeking permission to participate in the survey which has been conducted by the TVC. 4.

The case of the Petitioner is that she is the wife of Late Sh. Padam Singh, who was vending earlier at the vending area since 1990. It is her submission that her vending ought not to be disturbed and she should be permitted to participate in the survey.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 19:16:39

5.

Ld. Counsel for the Respondent points out that this is the third petition and in the earlier round, the same petition has been dismissed being W.P.(C)15419/2024 titled Kamla Devi v. New Delhi Municipal Council and Ors. vide order dated 5th November, 2024.

6.

Ld. Counsel for the Petitioner submits that the Petitioner is part of the 628 list of vendors approved by the Supreme Court in SLP(C) No. 1765/2012 titled Salim v. NDMC & Anr.

7.

In these circumstances, the only relief that can be granted at this stage, is that the Petitioner is permitted to participate in the survey and produce the documents before the TVC. Her candidature shall be considered in terms of her husband's seniority of being a vendor in the Palika Bazar area. 8.

Petition is disposed of in these terms. Pending applications, if any, are also disposed of.

PRATHIBA M. SINGH, J.

RAJNEESH KUMAR GUPTA, J.

MAY 6, 2025 Rahul/Msh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 19:16:39