Ashok Kumar Gupta v. New Delhi Municipal Council & ANR.

$~68 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9113/2024 ASHOK KUMAR GUPTA ....Petitioner Through:

Mr.

Bharat Aggarwal, Mr.

Arjun Pandey & Mr. Rahul Kumar, Advs.

Versus

NEW DELHI MUNICIPAL COUNCIL & ANR.

.....Respondents Through:

Mr. Chetanya Singh & Mr. Aarushi Tiku, Advs.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 08.07.2024 CM Nos.37278/2024 & 37279/2024 (both for exemption) 1.

Exemption is allowed, subject to all just exceptions. 2.

The applications are disposed of.

W.P.(C) 9113/2024 3.

Issue notice.

4.

The learned counsel appearing for the respondents accept notice. 5.

The petitioner is a street vendor and claims that he is carrying on vending activities from a site described as 'Gate No.5, Palika Bazar, New Delhi'. The petitioner's name also features in the list of 628 street vendors who were considered eligible for allotment of spaces in the NDMC area in the year 2012 for the purpose of carrying out vending activities. 6.

The petitioner claims that he was forcibly removed from the vending site on the ground that the said site falls under 'No Vending/No Hawking Zone' in terms of the Urban Street Vendors Scheme, 2007 framed by the respondents. The petitioner further claims that he has been attempting to carry on his vending activities from the said site, but has not been permitted to do 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 19/07/2024 at 15:27:28

so.

7.

The learned counsel appearing for the petitioner submits that the petitioner may now be permitted to vend at any other site. 8.

The learned counsel appearing for the respondents does not dispute that the petitioner was an existing vendor in the year 2012. He also submits that other such vendors have been permitted to vend at other sites. He fairly states that if a representation is made by the petitioner to the said effect, the same would be considered and the respondents would indicate an alternate area from where the petitioner can carry on his vending activities. The respondents are bound down to the aforesaid statement made on their behalf. 9.

Accordingly, the petitioner is at liberty to make a representation for an alternative site / area. If the said representation is made within the period of four weeks from date, the respondents shall consider the same and issue an appropriate communication within a period of four weeks thereafter. 10.

The petition is allowed in the aforesaid terms. VIBHU BAKHRU, J SACHIN DATTA, J JULY 08, 2024 'gsr'

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. The Order is downloaded from the DHC Server on 19/07/2024 at 15:27:28