Global Opportunities Investment Pvt Ltd v. Govt. Of NCT Of Delhi & ORS.

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15798/2024 GLOBAL OPPORTUNITIES INVESTMENT PVT LTD .....Petitioner Through:

Mr. Ramchandra Madan, Mr. Sanjay Suri, Ms. Vinny S., Mr. Rishabh Relan and Mr. Tushar Nigam, Advs.

versus GOVT. OF NCT OF DELHI & ORS.

.....Respondents Through:

Ms. Rachita Garg and Mr. Agam Rajput, Advs.

Ms. Puja S. Kalra, Advs. for MCD.

Mr. Aditya, Ms. Pralika Chakraborty, Mr. Kailash Kr. Jha and Mr. Anjani Kr. Mishra, Advs. for R-3.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 28.01.2025 1.

The petitioner has filed the present petition, inter alia, praying as under:

"a) Issue a writ of mandamus or any other appropriate writ, order, or direction directing the Respondent No. 1, Government of Delhi, Respondent No. 2, the Town Vending Committee under NDMC, to immediately remove the illegal encroachment by Respondent No. 3 from the pavement adjoining the Petitioner's residence;

b) Direct Respondent No. l and 2 to ensure that Respondent No. 3 complies with the conditions of his Certificate of Vending as .a mobile vendor and does not engage in any stationary vending business without proper authorization; The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

c) Direct Respondent No. l and 2 to take appropriate action to address the safety hazards, including the removal of the gas cylinder and stove placed near electrical enclosures, and ensure that such activities do not pose a threat to the public;

d) Direct Respondent No. 1 and 2 to ensure that no further encroachments or safety violations occur in the vicinity of the Petitioner's residence in the future."

2.

The petitioner is essentially aggrieved by the manner in which respondent no. 3 is carrying on his vending activities immediately outside his residential premises. The petitioner has also placed on record photographs, which indicate that respondent no. 3 is operating from semipermanent structure. 3.

The learned counsel appearing for MCD submits that the action for removal of respondent no. 3 was taken on 25.11.2024 and therefore, the petitioner's principal grievance stands redressed. 4.

The learned counsel appearing for respondent no. 3 states that respondent no. 3 has also made necessary changes to ensure that he strictly complies with the terms of the COV.

5.

In view of the above, no further orders are required to be passed in the petition, except to direct MCD to ensure that respondent no. 3 does not carry on any vending activities, which results in nuisance or inconvenience to the residents, and that the vending activities are done in accordance with the COV.

6.

The petition is disposed of in aforesaid terms. Pending applications, if The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

any, also disposed of.

VIBHU BAKHRU, J.

ANOOP KUMAR MENDIRATTA, J.

JANUARY 28, 2025/R 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.