Mahesh Kumar Yadav v. New Delhi Municipal Council & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12849/2024 & CM No.53633/2024 MAHESH KUMAR YADAV .....Petitioner Through:

Mr.

Bibhuti Bhushan Mishra, Ms.

Shhivalika, Mr.

Ritik Ahuja, Ms.

Srishti Saundrya & Ms.

Rozelina Hussain, Advs.

Versus

NEW DELHI MUNICIPAL COUNCIL & ORS.

.....Respondents Through:

Mr. Sriharsha Peechara, Mr. Akshat Kulshreshtha & Mr. D. Subrahmanya Bhanu, Advs.

CORAM:

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

O R D E R

% 12.09.2024 1.

The petitioner has filed the present petition praying that a direction be issued to the respondents to prepare a Vending Plan in accordance with Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereafter the Street Vendors Act) and also in terms of the order dated 09.11.2023 passed by this Court in W.P.(C) No.14726/2023 captioned Shamshuddin v. New Delhi Municipal Council & Ors. 2.

The petitioner also prays that directions be issued to respondent no.1 to consider the petitioner's representation dated 05.09.2024. 3.

In terms of the said representation, the petitioner has requested the concerned authorities to prepare the Vending Plan as contemplated under Section 21 of the Street Vendors Act.

4.

The learned counsel appearing for the petitioner refers to the judgment The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

dated 09.11.2023 in Shamshuddin v. New Delhi Municipal Council & Ors. (supra) and draws the attention of this Court to paragraphs 7, 8 and 9 of the said judgment. The same are reproduced below: "7.

In view of the aforesaid, it is clear that preparation of Plan for street vending is one of the basic requirements for streamlining and regulating the street vending activities.

8.

Learned Additional Standing Counsel appearing for NDMC submits that the steps for preparation of street vending plan have already been initiated and that the preparation of vending plan is in progress.

9.

In view thereof, the present writ petition is disposed of along with the pending applications by recording the aforesaid statement of learned counsel for the NDMC. It is expected that the requisite action shall be completed within a time bound manner." 5.

As is apparent from the above, this Court had noted the statement made on behalf of the New Delhi Municipal Council (NDMC) that steps for preparation of the Vending Plan have already been initiated. It was further noted that it was expected that the same would be completed in a time bound manner.

6.

In terms of Section 21 of the Street Vendors Act, the Vending Plan is required to be prepared by the local authorities in consultation with the Town Vending Committee (TVC) which shall also consist the representatives of the street vendors. The TVC has been constituted for completing the survey and this Court is informed that the said task is underway. However, the same is delayed due to some delay in linking of aadhar of street vendors. However, the learned counsel appearing for the respondents states that necessary notification under Section 4(4)(b)(ii) of the Aadhar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 has been issued and this Court is informed that further action in this regard is being taken.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

It is expected that the NDMC shall take the requisite steps for completion of the aforesaid process as expeditiously as possible. 8.

In view of the above, no further orders are required to be passed in this petition. The same is disposed of in the aforesaid terms. VIBHU BAKHRU, J SACHIN DATTA, J SEPTEMBER 12, 2024 'gsr'

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.