Raj Rani And ANR v. New-Delhi Muncipal Council And ORS

$~224 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15634/2024 & CM APPL. 65593/2024 (INTERIM RELIEF) RAJ RANI AND ANR .....Petitioners Through:

Mr. N.K. Sahoo & Mr. S.B.

Sahoo, Advs.

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

Ms. Sangita Malhotra & Ms.

Pallavi Talwar, Advs. for R3.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 11.11.2024 CM APPL. 65594/2024 (EX.) Allowed, subject to all just exceptions.

The application is disposed of.

W.P.(C) 15634/2024 & CM APPL. 65593/2024 (INTERIM RELIEF) 1.

This writ petition has been preferred seeking the following reliefs:- "(a) To issue a writ of mandamus or appropriate writs or direction or order or orders, directing the respondents to restrain themselves from disturbing the petitioners till appropriate planning for street vending be prepared under section 21 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending ) Act2014 and fresh survey be conducted by under section 3 of the said Act-2014 for vending squatting jointly on existing place of squatting opposite Shop No K-1, Bindla's Pan Shop. Palika Car Parking Op-Gate No 2, New-Delhi-1 where she has been squatting Since year1984; 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 19/11/2024 at 13:09:13

(b) To pass such other and further order or orders as this Hon'ble court deem fit and proper in the interest of Justice.: 2.

Admittedly, the petitioner is not physically challenged and thus cannot possibly seek parity with those whose case formed subject matter of our consideration in our order of 10 September, 2024. 3.

Undisputedly, the area around Palika Bazar has been declared to be a 'no vending zone'. We, consequently, find ourselves unable to consider granting the reliefs as prayed for.

4.

The writ petition fails and shall stand dismissed. 5.

This order, however, shall not preclude the petitioner from applying for being allotted an alternate site. Any such application that may be made shall be considered by the competent authority in accordance with law.

YASHWANT VARMA, J.

DHARMESH SHARMA, J.

NOVEMBER 11, 2024 Ch 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 19/11/2024 at 13:09:13