Pappu Gupta v. Municipal Corporation Of Delhi And ORS

$~15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11731/2024, CM APPL. 75972/2024 and CM APPL. 902/2025 PAPPU GUPTA .....Petitioner Through:

Mr Aditya, Advocate.

versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through:

Mr Aditya Chandra with Mr Vishal Chaddha, Advocates for R1.

Mr Viplav Acharya with Mr Anubhav Tyagi, Advocates for R5 along with Insp. Jeet Singh, PS Sarita Vihar.

Mr Dhruv Pande with Mr Randeep Sachdeva, Advocates for R6.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 10.02.2025 1.

The petitioner has filed the present petition inter alia praying that he be permitted to carry on street vending activities at the site described as open space, near metro pillar no.258, Mohan Co-operative Industrial Estate, Mathura Road, Central Zone, Ward-S-103, New Delhi, without hindrance. 2.

The petitioner has been granted a certificate of vending (CoV), which discloses that he is engaged in the activities of vending fresh fruits/vegetables/perishables in Central Zone, Ward-S-103. The learned counsel appearing for the petitioner fairly states that in terms of the CoV, the petitioner cannot vend at a particular site for more than thirty minutes. He states that the petitioner would comply with the said condition till the vending plan is prepared under Section 21 of The Street Vendors (Protection 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 15/02/2025 at 12:10:52

of Livelihood and Regulation of Street Vending) Act, 2014. He states that the petitioner's principal grievance is that after having been removed from the site at the instance of respondent no.6, the said respondent who is a builder, is seeking to raise semi-permanent structures and has occupied the very same site. He submits that the barricades have been put up by the police authorities and a guard room has been installed by respondent no.6. The petitioner has also annexed photographs of the guard room being placed at the site.

3.

The learned counsel appearing for the respondent no.6 submits that the guard room that was placed at the site has since been removed. 4.

In view of the above, we direct the police authorities to ensure that the petitioner is not precluded from carrying on his vending activities including at the site in question subject to the compliance with the terms and conditions of the CoV.

5.

The learned counsel appearing for the police authorities also states that the goods seized from the petitioner shall be released to him. They are bound to the said statement.

6.

The learned counsel appearing for the petitioner is satisfied with the said order, and therefore, no further orders are required to be passed 7.

The petition is disposed of. Pending applications shall also stand closed.

VIBHU BAKHRU, J ANOOP KUMAR MENDIRATTA, J FEBRUARY 10, 2025/tr 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 15/02/2025 at 12:10:52