Sheela Devi Bawariya v. Govt Of NCT Of Delhi & ORS.

$~63 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9630/2025 & CM APPL. 40400/2025 SHEELA DEVI BAWARIYA .....Petitioner Through:

Mr. Ram Narayan Singh, Advocate.

versus GOVT OF NCT OF DELHI & ORS.

.....Respondents Through:

Ms.

Urvi Mohan, Advocate for GNCTD.

Mr. Mananjay Kumar Mishra and Mr.

Bhanu Raj, Advocates for NDMC.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

% 18.07.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed by the Petitioner - Smt. Sheela Devi Bawariya under Article 226 of the Constitution of India, inter alia, seeking issuance of an appropriate writ directing the Respondents to permit the Petitioner to participate in the survey conducted by the Town Vending Committee (hereinafter, 'TVC') of the New Delhi Municipal Council (hereinafter, 'NDMC') and issue her a Certificate of Vending (hereinafter 'COV').

3.

The case of the Petitioner is that she has been selling artificial jewellery near the DLF Mall, Sarojini Nagar, New Delhi in the NDMC area since long. The prayer of the Petitioner is that she should be permitted to participate in the survey. The Petitioner relies upon certain challans issued by NDMC. However, the earliest challan, which is filed by the Petitioner is of 19th 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 23/07/2025 at 12:36:13

December, 2018.

4.

Ld. Counsel for the NDMC, therefore, submits that the Petitioner is not qualified in terms of Section 3(1) of the Street Vendor (Protection of Livelihood & Regulation of Street Vending) Act, 2014 (hereinafter, 'the Act'), which directs a survey to be conducted of 'all existing street vendors'. The relevant provision reads as under:

"3. Survey of street vendors and protection from eviction or relocation.-(1) The Town Vending Committee shall, within such period and in such manner as may be specified in the scheme, conduct a survey of all existing street vendors, within the area under its jurisdiction, and subsequent survey shall be carried out at least once in every five years." 5.

Considering the fact that the identity of the Petitioner is not in dispute, let her produce documents, if any, available with her prior to the coming into force of the Act. If the Petitioner is able to produce the same, she shall be permitted to participate in the survey by the NDMC. 6.

The petition is disposed of in these terms. Pending application(s), if any, also stand disposed of.

PRATHIBA M. SINGH, J.

RAJNEESH KUMAR GUPTA, J.

JULY 18, 2025/nd/ck 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 23/07/2025 at 12:36:13