Balram Singh v. Government Of NCT Of Delhi And ORS
$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6913/2024 BALRAM SINGH ..... Petitioner Through:
Ms. Kawalpreet Kaur and Mr. Nayab Gauhar, Advs.
Versus
GOVERNMENT OF NCT OF DELHI AND ORS ..... Respondents Through:
Mr. Varun Chandiok, Ms. Anubhi Goyal and Mr. Alok Kumar, Advs.
for MCD.
Mr. Anurag Nasiar and Ms. Tanya Panday, Advs. for R-1 and 3.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU
O R D E R
% 14.05.2024 1.
The petitioner has filed the present petition claiming to be a street vendor carrying on his vending activities in the area of Chandni Chowk Patri, City-SP Zone, Ward-N-84, Delhi-110006 and, inter alia, praying that he be allowed to carry on his vending activities without any hindrance by the public officials. He further prays that directions be issued to the Town Vending Committee (TVC) to amend his Certificate of Vending (COV). 2.
The details of the petitioner as set out in the petition is reproduced below:
Petitioner no. Name COV No.
Date of issue Vending Area The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
1.
Balram Singh URI:1993166 7.11.2021 City-SP Zone, Ward84-N 3.
Issue Notice. The learned counsel for the respondents accepts notice. 4.
The learned counsel for the MCD submits that, at the present stage, the petitioner has been issued an interim COV. He has not been allocated any specific site and, therefore, cannot claim any right to carry on vending activities from a fixed place. He submits that the COV carries a specific stipulation that the street vendors would not carry on their vending activities from a fixed place for more than 30 minutes, or such time as may be fixed by the TVC. He further states that after a survey is completed, the second TVC will consider the question of whether any fixed site can be allocated to the street vendors in accordance with the vending plan that may be framed by the local authority in consultation with the TVC. 5.
The learned counsel appearing for the petitioner submits the petitioner would be satisfied, if at present, directions are issued to permit the petitioner to carry on vending activities strictly in accordance with the terms and conditions of the COV, till a fresh decision in this regard is taken by the second TVC. The learned counsel for the MCD has no objection to the said prayer.
6.
In view of the above, the present petition is allowed to the limited extent as set out above. The respondents are restrained from interfering with the vending activities carried out by the petitioner, provided that the petitioner strictly complies with the terms and conditions of his COV. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
7.
The petition is disposed of in the aforesaid terms. VIBHU BAKHRU, J TARA VITASTA GANJU, J MAY 14, 2024/r 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.