Kamod Yadav v. New Delhi Municipal Council & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 16261/2023 KAMOD YADAV ..... Petitioner Through:

Mr Bharat Aggarwal and Ms Namrata Sharma, Advocates.

versus NEW DELHI MUNICIPAL COUNCIL & ANR.

..... Respondents Through:

Mr Sriharsha Peechara, Sanding Counsel for NDMC with Ms Harshita Gupta and Mr Shubham Kumar Mishra, Advocates.

Mr Rishikesh Kumar, ASC for GNCTD with Ms Sheenu Priya, Mr Sudhir and Mr Sudhir Kumar Shukla, Advocates.

CORAM:

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

O R D E R

% 09.01.2024 CM Nos.65481/2023 and 65482/2023 1.

Exemptions are allowed, subject to all just exceptions. 2.

The applications are disposed of.

W.P.(C) 16261/2023 3.

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

"a) Direct the Respondent No.l/TVC to not to dispossess or obstruct or disturb the petitioner in carrying on his trade from site i.e. D-Avenue, Sarojini Nagar Market in terms of section 3(3) of the street vendors (protection of livelihood and regulation of street vending) act 2014 and;

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 16/05/2024 at 12:29:29

b) Direct the Respondent no.l/TVC to conduct the survey of the petitioner within time bound manner and issue certificate of vending in favour of the petitioner.

c) Direct the Respondent No.l/TVC to decide the petitioner's representation dated 07/12/2023 in accordance with law."

4.

The learned counsel for the petitioner confines the present petition to prayer (b), that is, for a direction to respondent no.1 to include the petitioner in the survey.

5.

In so far as the petitioner's prayer to include him in the survey is concerned, the learned counsel appearing for the respondents submits that in terms of paragraph 1.1.12 of the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019, all persons claiming to be street vendors would be provided an opportunity to submit the evidence in support of their claim that they were engaged in street vending. He submits that this would be irrespective of whether a street vendor has been found at the given site or not.

6.

The respondent is bound down to the statement made by his counsel.

7.

In view of the aforesaid statement, the petitioner's grievance stands addressed.

8.

The petition is, accordingly, disposed of.

VIBHU BAKHRU, J TARA VITASTA GANJU, J JANUARY 9, 2024/RK 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 16/05/2024 at 12:29:29