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High Court of DelhiW.P.(C)/1983/2017

Ajay Pal Singh v. New Delhi Municipal Council & ANR.

2017-03-03Hon'Ble Mr. Justice G.S.Sistani,Hon'Ble Mr. Justice Vinod Goel2 pages

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1983/2017 AJAY PAL SINGH ..... Petitioner Through: Mr. Anand Shailani, Adv.

versus NEW DELHI MUNICIPAL COUNCIL & ANR. ..... Respondent Through Mr.Sri Harsha Peechara, Adv. with Mr.Mananjay Mishra and Ms.Vidhi Jain, Adv. for NDMC.

Mr. Avtar Singh, Advocate with Ms. Sakshi Narang, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 03.03.2017 CM.APPL 8773/2017 (Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 1983/2017 & CM No. 8772/2017 (directions) Counsel for the petitioner submits that the petitioner has been continuously vending near NDMC Parking, Prithvi Raj Market, Khan Market, New Delhi. He submits that the respondents are threatening to remove him from the site in question. Learned counsel for NDMC, who enters appearance on an advance copy, has drawn the attention of the court to an order dated 12.02.2013 passed by this court, wherein it has been noticed that the name of the petitioner does not find mentioned even in the

larger list. He submits that the petitioner is not in the list of 628 persons prepared by the NDMC.

At this stage, Mr. Anand, learned counsel for the petitioner, submits that the name of the petitioner finds mentioned in the larger list of applicants. He submits that in case the petitioner is removed, serious prejudice would be caused to his rights for the reason that as and when a survey is conducted, he would not be found squatting. Counsel for the NDMC submits that the apprehension of the petitioner is unfounded. He submits that as and when a survey is conducted merely because the petitioner is not found vending at the site would not be a ground to reject his case provided he is able to produce other supporting documents. In view of the stand taken by the learned counsel for the NDMC, the petition is disposed of, as agreed.

We make it clear that we have not expressed any opinion on the merit of the matter.

G.S.SISTANI, J VINOD GOEL, J MARCH 03, 2017 "sk"