Raja Ram & ORS v. East Delhi Municipal Corporation & ANR

$~20 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1922/2017 RAJA RAM & ORS ..... Petitioners Through Mr.B.S. Randhawa, Adv.

versus EAST DELHI MUNICIPAL CORPORATION & ANR ..... Respondents Through Mr.Jagdish Sagar, Adv. for EDMC.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 09.03.2017 Petitioners claim to be vending near Main Gate, Akshardham Mandir, Shahadara Zone, Delhi. The grievances of the petitioners are that they are being harassed by the officials of the Delhi Police. On the last date of hearing, the matter was adjourned to enable the counsel for EDMC to seek instructions.

Learned counsel for EDMC submits that none of the petitioners is regular squatter. They have not applied under any scheme of the corporation neither supporting documents in the form of challans have been placed on record evidencing that they have been squatting at their respective sites.

It is pointed out that out of nine petitioners challan has been filed only with respect to Hari Om and the challan with respect to Sailesh Sahani pertains to the year 2007 and Pappu to the year 2000. Counsel for the petitioners at this stage submits that in case the

petitioners are not allowed to squat and in case a survey is conducted, serious prejudice would be caused to the rights of the petitioners. We dispose of this writ petition at this stage with the direction to the EDMC that in case the survey is conducted and the petitioners are not found squatting at the site that alone would not be a ground to reject their case. It would be open for the petitioners to approach the Town Vending Committee and place supporting documents on record.

The Town Vending Committee would consider the case of the petitioners in accordance with law and expeditiously.

The writ petition is disposed of.

G.S.SISTANI, J.

VINOD GOEL, J.

MARCH 09, 2017/jitender