Delhi Pradesh Rehri Patri Khomcha Hawkers Union & ANR v. State Of NCT Of Delhi & ORS

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3901/2018 DELHI PRADESH REHRI PATRI KHOMCHA HAWKERS UNION & ANR ..... Petitioners Through:

Mr.Ramesh Kumar Mishra, Advocate.

versus STATE OF NCT OF DELHI & ORS ..... Respondents Through:

Mr.Devesh Singh, ASC (Civil), GNCTD for respondent no.1.

Ms.Jyoti Taneja, Mr.Tushar Sannu and Mr.Rajeshwar Yadav, Advocates for respondent/NDMC.

Mr.Mukesh Gupta, Standing Counsel with Mr.Shashi Gupta, Advocate for respondent/SDMC.

Mr.G.D.Mishra, Standing Counsel for respondent/EDMC.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 20.04.2018 The present petition has been filed by two unions (Delhi Pradesh Rehri Patri Khomcha Hawkers Union and Rehri Patri Welfare Association) seeking directions to the respondents, firstly, to grant at least 30 days time to street vendors for submission of relevant documents for publication of Electoral Roll under Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2017. Another direction sought by the

petitioners is to direct the respondents to give receipts to the street vendors who have submitted documents.

This matter was listed yesterday upon mentioning before the DB-1. We had requested Ms.Jyoti Taneja, Advocate representing NDMC, to seek instructions in the matter keeping in mind that street vendors belong to the weaker strata of society and some of them are not educated, thus, 10 days time based on an advertisement given in the newspaper may be insufficient. We had also requested Ms.Taneja, counsel for respondent/NDMC to ascertain as to whether proper receipts are being issued to the street vendors or not.

No officer is present on behalf of Municipal Corporation of Delhi to instruct the counsel; however, Ms.Taneja submits that she has telephonically received instructions in the matter.

We have heard the counsels for the parties. We may note that Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 came into force in May, 2014 but the elections for the Town Vending Committee (in short 'TVC') could not be conducted as certain writ petitions were filed challenging the 2014 Rules. We may also note that on 10.01.2018, fresh rules have been notified.

We have examined the public notice which has been filed alongwith writ petition. We are of the considered view that 10 days period more particularly in the case of street vendors would be highly insufficient for them to apply as we have noticed hereinabove that some of the street vendors are not educated and may learn about the public notice by word of mouth. We accept the submissions of Mr.Mishra, counsel for the petitioner. The Municipal Corporation of Delhi (in short 'MCD') is directed to grant

total 30 days time to street vendors to submit the documents. Needless to say that MCD would furnish proper receipts for the documents so filed. We hope that South Delhi Municipal Corporation, East Delhi Municipal Corporation and New Delhi Municipal Corporation will also keep the time factor in mind while issuing public notice to avoid multiplicity of proceedings.

The petition is disposed of.

Dasti to the parties under signature of the court master. G.S.SISTANI, J SANGITA DHINGRA SEHGAL, J APRIL 20, 2018 ssc W.P.(C) 3901/2018