Rahul Kumar v. New Delhi Municipal Council & ANR.

(- '4 Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

$1, 2, 3, 29, 31, 33, 34, 35, 43, 44 & 45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1493/2015 & CM No.2626/2015, W.P.(C) 1494/2015 & CM Nos.2627-28/2015, W.P.(C) 1495/2015, W.P.(C) 1516/2015 & CM No.2705/2015, W.P.(C) 1521/2015 & CM No.2711/2015, W.P.(C) 1528/2015 & CM No.2721/2015, W.P.(C) 1529/2015 & CM No.2722/2015, W.P.(C) 1530/2015 & CM No.2723/2015, W.P.(C) 1553/2015 & CM No.2757/2015, W.P.(C) 1555/2015 & CM No.2761/2015, W.P.(C) 1556/2015 & CM No.2765/2015

Present:

Mr Hemant Yadav, Advocate for petitioner in item no.2. Mr M. Hasibuddin, Advocate for petitioner in item nos.3 & 43. Mr Sanjay Sharawat, Advocate for petitioner in item no.28. Mr Anand Shailani, Advocate for petitioners in item nos.29, 31, 33, 4, i5 & 45.

Mr M. M. Kashyap, Advocate for petitioner in item no.44. Ms Shobha Gupta, Advocate for respondent/EDMC in item nos.1 &44.

Ms Puja Kaira, Advocate for SDMC in item no.3. Mr Nawal Kishore Jha, Advocate for GNCTD in item no.3. Mr Rajeev Sharma, Advocate for R-2 in item no.29. Mr Abhishek Chauhan, Advocate for Mr Arjun Pant, Advocate for NDMC in item nos.2, 29, 31, 33, 34, 35 & 45. Mr H. S. Sachdeva, Advocate for R-2 in item no.31 & 34. Mr Vinod Wadhwa, Advocate for R-2 in item nos.33 & 35. Ms Mansi Gupta, Advocate for SDMC in item no.43. Mr Sanjeev Sabharwal, Standing Counsel for DDA and Mr 1-1cm Kumar, Advocate for DDA in item no.43.

Ms Chanchal Sharma, Advocate for R-2/SHO Sarojini Nagar in item no.45.

CORAM:

1-ION'BLE MR. JUSTICE VIBHU BAKBRU

ORDER

20.02.2015 The petitioners have filed the present petitions seeking an injunction

II (xv) All the existing street vendors / hawkers operating across the country shall be allowed to operate till the exercise of registration and creation Of vending / hawking zones is completed in terms of the 2009 Policy. Once that exercise is completed, they shall be entitled to operate only in accordance with the orders/directions of the concerned Town Vending Committee."

Learned counsel for respondent-NDMC who appears on advance notice, states that the petitioners are not existing squatters and are, therefore, not entitled to protection under Section 3(3) of Act, 2014.

Learned counsel for respondent-NDMC further states that in accordance with the Act, 2014, petitioners should raise their grievances before the Town Vending Committee (hereinafter referred to as 'Committee').

Learned counsel for respondent-NDMC also states that though the Committee has been appointed, yet it is not functional as of today.

In rejoinder, learned counsel for petitioners vehemently disputes the contentions advanced by learned counsel for respondent-NDMC.

Having heard learned counsel for parties, this Court is of the view that disputed questions of fact are involved in the • present petitions. This Court is also of the opinion that in view of the Act, 2014 having come into force on 4th March, 2014, the appropriate forum to decide the lis between the parties is the Committee.

The Act, 2014 provides for constitution of a Committee which is to conduct survey of all existing street vendors and make the scheme for relocation. Section 3(3) of the Act, 2014 clearly states that no street vendor shall be evicted or relocated till survey specified under sub-Section(1) has been completed and the certificate of vending has been issued to all street vendors.

Consequently, the respondent-NDMC is directed to make the Committee functional as within eight weeks. Petitioners are permitted to file their representations with the Committee