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High Court of DelhiW.P.(C)/19010/2025

Vijendr v. Delhi Cantonement Board And ORS

2025-12-16Hon'Ble Mr. Justice Anish Dayal,Hon'Ble Mr. Justice Nitin Wasudeo Sambre3 pages

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 19010/2025 & CM APPL. 79190/2025, CM APPL. 79191/2025 VIJENDR .....Petitioner Through:

Mr. Kamlesh Kumar Mishra, Mr.

Piyush Singh, Ms. Renu & Ms.

Swagata Gupta, Advs.

versus DELHI CANTONEMENT BOARD AND ORS .....Respondents Through:

Ms.

Namita Mukhi, Standing Counsel for R-1/Board (thru VC) with Mr. Tarveen Singh Nanda, Mr.

Ankur Mishra, Mr. Nitish Dham, Mr. Gurpreet Singh and Mr. Gaurav Aggarwal, Advs for Delhi Cantonment Board. (thru VC) Mr. Sarthak Rana, G.P.

Ms Shilpa Dewan, Sr. Panel Counsel for Union of India/ Respondent no 3 and 4

CORAM:

HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 16.12.2025 1.

Counsel for respondent no.1/Delhi Cantonment Board ("DCB"), in response to the pleadings in petition, on instructions, states that since, on similar lines, this Court has already passed an order directing consideration of petitioner's representation, the present petition may also be disposed of in terms of order dated 24th January 2024 passed in W.P.(C)1086/2024. For The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

ease of reference, said directions are extracted as under: "2. The learned counsel appearing for respondent nos.1 (Delhi Cantonment Board - hereafter 'DCB') and the TVC, submits that the representation of the petitioners was considered by the TVC and a resolution was passed in the meeting held on 04.09.2023 whereby it was, inter alia, decided as under:- "Therefore, it was resolved that the Revenue Branch of Delhi Cantonment Board should not initiate any coercive action against the street vendors in question till the survey is completed and certificate of vending is issued to all eligible street vendors."

3. The learned counsel further submitted that in terms of the said decision neither the TVC nor the DCB are pursing any coercive action against the street vendors falling within their jurisdiction.

4. The learned counsel appearing for respondent nos.3 & 4 (Delhi Police) submits the Delhi Police does not take any suo moto action; it does so only at the instance of the DCB in areas that fall within the territorial limit of the DCB.

5. In view of the above, the present petition is allowed. It is directed that till the further decision is taken by the DCB and the TVC, the police authorities shall not remove the petitioners or interdict them from carrying their vending activities at the given site (which falls within the jurisdiction of the DCB). This is subject to the conditions that right of way is not obstructed in any manner and no permanent or semi-permanent structure are made. The petitioners shall not occupy an area (open to sky) more than 6ft by 4ft. It is also clarified that the Delhi Police authorities are not precluded from taking any action against the petitioners, if there is violation of any law."

2.

In view of the aforesaid, we deem it appropriate to dispose of the present petition by directing respondent no.1/DCB to decide The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

representations of petitioner dated 10th June 2025 [Annexure P-6] and 11th November 2025 [Annexure P-7], within a reasonable time and, in any case, within a period of 12 weeks from today.

3.

Petition accordingly stands disposed of.

4.

Pending applications are rendered infructuous. 5.

Order be uploaded on the website of this Court. NITIN WASUDEO SAMBRE, J ANISH DAYAL, J DECEMBER 16, 2025/sm/tk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.