Beena Devi v. New Delhi Municipal Council And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 17011/2022 BEENA DEVI .....Petitioner Through:

Mr Kamlesh Kumar Mishra, Advocate.

versus NEW DELHI MUNICIPAL COUNCIL & ANR.

.....Respondents Through:

Mr Sriharsha Peechara, Standing Counsel for NDMC with Mr Akshat Kulshreshtha, Mr D.S. Bhanu and Mr Shubham Mishra, Advocates.

CORAM:

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

O R D E R

% 04.09.2024 1.

The petitioner has filed the present petition, inter alia, praying that respondent no.2 (Chairman, ULB Committee, NDMC) be directed to issue an LOR to the petitioner in terms of a Circular dated 27.07.2022 issued by the Government of India.

2.

The petitioner claims that her husband (Sh. Vinaya Kumar) was a street vendor and was carrying on his vending activities at the site described as near Shop No.60, Babu Market, G-Avenue Road, Sarojini Nagar Market, New Delhi, since 2000. It is claimed that he had applied for a Tehbazari license under the Scheme framed in the year 2007 and his name finds mention in the list of 628 eligible street vendors that was prepared in the year 2012. The petitioner's deceased husband had also applied for a letter of recommendation (LOR) to avail the benefits & loan under PM Street 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 11/09/2024 at 12:46:32

Vendors' Atmanirbhar Nidhi (PMSVANidhi).

The petitioner claims that since she is a legal heir, she is also entitled to avail the benefits as her husband was entitled to, under the Scheme. This issue is squarely covered by the decision of this Court in W.P.(C) 9622/2020 captioned Kishwari Begam v. New Delhi Municipal Council.

3.

In view of the above, we are also of the view that the petitioner would be entitled to the benefits of participating in the PMSVANidhi Scheme in the event that her deceased husband was eligible for the benefits under the said Scheme, as a Street Vendor.

4.

In view of the above, we set aside the impugned order dated 28.11.2022 and remand the matter to respondent no.2 for consideration afresh. If it is found that the petitioner's deceased husband would have been entitled to a LOR and other benefits of the PMSVANidhi Scheme; the petitioner, as the spouse of the deceased street vendor, will also be considered as eligible for a LOR and other benefits in place of her deceased husband.

5.

It is also clarified that NDMC would also accord the petitioner the same benefits as available to her deceased husband in terms of the order passed in W.P.(C) 9622/2020.

VIBHU BAKHRU, J SACHIN DATTA, J SEPTEMBER 04, 2024 RK 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 11/09/2024 at 12:46:32