Achche Lal Sah v. Municipal Corporation Of Delhi & ORS.

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11352/2023 CM APPL. 44146/2023 ACHCHE LAL SAH ..... Petitioner Through:

Mr. Kunal Madan, Adv.

versus MUNICIPAL CORPORATION OF DELHI & ORS.

..... Respondents Through:

Mr. Abhinav Garg, Panel Counsel, GNCTD with Mr. Mihir Gujjewar and Mr. Nishant Goyal, Advs. for GNCTD.

Ms. Tajinder Virdi, Standing Counsel for MCD.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 09.02.2024 1.

The petitioner has filed the present petition, inter alia, praying as under:

"It is therefore, most respectfully prayed that a writ of mandamus or any other appropriate writ may kindly be issued thereby directing the respondents not to interfere in the running of his business or cause any disturbance in the functioning of his food stall from the vending site near Ghata Masjid, Daryanganj, Central Zone, Ward Nos- 55, Delhi-110002 recommended by Town Vending Committee vide letter dated 12/08/2022 as shown in site plan.."

2.

The petitioner claims that he is carrying on his business, of operating a food stall at a site near Ghata Masjid, Daryaganj, Central Zone, Ward Nos. W.P.(C) 11352/2023 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 13/12/2024 at 15:47:44

55, Delhi- 110002 for the past five years.

3.

The learned counsel appearing for the respondent/MCD submits that the petitioner cannot carry on street vending from any permanent establishment in the said zone.

4.

After some arguments, the learned counsel for the petitioner submits that the petitioner has been issued a Certificate of Vending and he may be permitted to vending in accordance with the terms thereof. The learned counsel appearing for the respondent/MCD has no objection to this relief. 5.

In view of the above, the present petition is disposed of by directing that the petitioner shall not be hindered from carrying on his vending activities, subject to the petitioner complying with the terms and conditions of the Certificate of Vending.

6.

The petition is disposed of in the aforesaid terms. Pending application also stand closed.

VIBHU BAKHRU, J TARA VITASTA GANJU, J FEBRUARY 09, 2024/r Click here to check corrigendum, if any W.P.(C) 11352/2023 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 13/12/2024 at 15:47:44