Kamla Devi v. New-Delhi Muncipal Council And ORS

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15419/2024, CM APPL. 64652/2024 (Interim Relief) KAMLA DEVI .....Petitioner Through:

Mr. N.K. Sahoo, Adv.

versus NEW-DELHI MUNCIPAL COUNCIL AND ORS .....Respondents Through:

Mr. R.K. Dhawan, SC with Ms.

Nisha Dhawan, Mr. Vinod K.

Teng and Mr. Naman Kumar Thakur, Advs.

Ms. Shagun Shahi Chugh, Adv.

for R-3/UOI.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 05.11.2024 CM APPL. 64653/2024 (Ex.) Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 15419/2024, CM APPL. 64652/2024 (Interim Relief) 1.

The writ petitioner undoubtedly was a party to W.P.(C) 13589/2021 which came to be dismissed on 09 September 2024 with the Court observing as follows:- "10.

The areas of Indira Chowk and Rajiv Chowk have been declared a no-vending and no-hawking zone by NDMC in terms of the Scheme framed in the year 2007. The said Scheme is required to be adhered to, till a fresh vending plan is prepared in terms of Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereafter the Act of 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 03/07/2025 at 22:40:28

2014). This issue was also settled by a Coordinate Bench of this Court in Vyapari Kalyan Mandal Main Pushpa and Anr. v. South Delhi Municipal Corporation and Ors.: 2017 SCC OnLine Delhi 8962 and followed in Veer Singh v. The Chairman NDMC and Ors.: W.P.(C) 10944/2022.

11.

It is also material to note that the petitioners have not produced any material to establish that they were carrying on their vending activities in the given area. It is also material to note that apart from the persons with disabilities [petitioners in W.P.(C) 12643/2021], and tehbazari holders, who are permitted to vend in the areas of Indira Chowk and Rajiv Chowk; all other unauthorised vendors were removed in the year 2016.

12. In view of the above, we are unable to accede to the prayers made in the present petition.

13. However, it is clarified that this order will not preclude the petitioners from participating in the survey to be conducted in terms of the Act of 2014 and participating in allocation of tehbazari licences. "

2.

In view of the aforesaid, we find no justification to entertain the writ petition. It shall stand dismissed.

YASHWANT VARMA, J.

RAVINDER DUDEJA, J.

NOVEMBER 05, 2024/RW 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 03/07/2025 at 22:40:28