Hawkers Surksha Foundation v. New-Delhi Muncipal Council And ORS

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15757/2024 HAWKERS SURKSHA FOUNDATION .....Petitioner Through:

Mr. N. K. Sahoo, Adv.

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

Mr. Sriharsha Peechara, SC along with Mr.

Akshat Kulshreshtha and Mr. D.S.

Bhanu, Advs. for R-1.

Mr. Gaurav Mishra, SPC along with Ms. Soumya Kapoor, GP and Mr.

Himanshu Singh, Advs. for R-4.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE DHARMESH SHARMA % 21.11.2024

O R D E R

1.

We take note of the disclosures which are made by the writ petitioner pursuant to the earlier order passed and in terms of which the list of vendors whose articles are alleged to have been impounded, has been placed on our record.

2.

All the hawkers who allege that their articles were illegally seized were found to be vending in the Sarojini Nagar Market area or in its vicinity. We find that the seizure of articles itself emanates from the order dated 24 December 2021 passed in Sh Kuldeep Singh Sahani & Ors. vs. Government of NCT of Delhi & Ors. [W.P.(C) 9928/2021].

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 28/11/2024 at 12:10:04

3.

While dealing with the seizure of articles, the Court had also in that writ petition provided for the vendors aggrieved by such seizure to approach and seek directions from the Court. 4.

In view of the aforesaid, we accord liberty to the aggrieved members of the petitioner association to move an appropriate application in W.P.(C) 9928/2021.

5.

The same would be considered and disposed of in accordance with law. Subject to the aforesaid liberty being accorded, the instant writ petition stands disposed of.

YASHWANT VARMA, J.

DHARMESH SHARMA, J.

NOVEMBER 21, 2024/DR 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 28/11/2024 at 12:10:04