High Court of DelhiW.P.(C)/6477/2019

Vikram & ORS. v. North Delhi Municipal Corporation

2019-05-30Hon'Ble Mr. Justice Suresh Kumar Kait2 pages

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6477/2019 & C.M.Nos.27416-27418/2019 VIKRAM & ORS.

..... Petitioners Through:

Mr.Rajat Wadhwa, Mr.Karanpreet Singh and Ms.Jaspreet Kaur, Advocates.

versus NORTH DELHI MUNICIPAL CORPORATION AND ANR.

..... Respondents Through:

Mr.Akhil Mittal, Standing Counsel, NDMC.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE TALWANT SINGH

O R D E R

% 30.05.2019 1.

The present petition has been filed by 29 petitioners for quashing the communication dated 03.05.2019, addressed by the office of Additional Deputy Commissioner, Karol Bagh Zone to the SHO, PS Karol Bagh stating, inter alia, that vide order dated 03.05.2019 the competent authority had decided to cancel the weekly Monday market at Ajmal Khan road (i.e. Arya Samaj Road to Metro Station Karol Bagh) and, requested the police not to permit vendors of Monday weekly market occupy for purposes of beautification of Ajmal Khan Road and in the interest of the public. 2.

Mr. Wadhwa, learned counsel for the petitioners states that the respondent/Nr.D.M.C. had given four options to the petitioners for moving from Ajmal Khan Road to Padam Singh Road or Gurdwara Road or Tank Road or the lane adjoining St. Thomas School. Out of the said options, the petitioners are ready and willing to move to Gurdwara road. W.P.(C) 6477/2019

Learned counsel for the respondent/Nr.D.M.C. states on instructions from the Inspector (Licensing) Hemant Kumar and Licensing Inspector, Ashok Kumar submits that they do not have any objection if the 29 petitioners shift to the weekly Monday Bazar at Gurdwara Road effective from 03.06.2019, subject to undertaking a verification of their particulars as given in the present petition.

Learned counsel for the petitioner states that the respondent/Nr.D.M.C. is required to seek prior permission from the local police before the petitioners shift to Gurudwara Road which, to the best of his knowledge, has not been obtained.

Learned counsel for the respondent submits that if permission from the police had not been obtained so far, the same shall be obtained immediately and, a written intimation in this regard shall be given to the counsel for the petitioners. Needful shall be done within two days. 5.

The petition is disposed of on the above terms. 6.

Dasti, under the signatures of the Court Master. HIMA KOHLI, J TALWANT SINGH, J MAY 30, 2019/mr W.P.(C) 6477/2019