Rita Basu v. South Delhi Municipal Corporation And ORS.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4809/2018 RITA BASU ..... Petitioner Through:

Ms Prena Arora, Adv versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS.

..... Respondents Through:

Ms Puja Kalra, Adv for SDMC Mr Rishikesh Kumar, ASC with Mr Premsagar Pal, Adv for R-2 to 4

CORAM:

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

O R D E R

% 06.08.2018 W.P.(C) 4809/2018 and CM No. 18510/2018 Petitioner claims to be a regular street vendor and is vending in Satsang Vihar area, near Qutub Institutional Area, New Delhi. Fear of dispossession at the hands of the respondents has led to the filing of the present writ petition.

Counsel for the petitioner submits that in view of the fact that the elections to the first Town Vending Committee (TVC) stand conducted and the TVC is likely to be formed shortly, she would approach the TVC with all supporting documents, however, in case the petitioner is not found vending at the site, that may not be a ground alone to reject her case.

Counsel for the respondents, without admitting any of the averments made in the writ petition, has no objection. Accordingly, the writ petition is disposed of with the following directions:- (i) The petitioner will approach the TVC as and when it is functional with all supporting documents; and (ii) The TVC will consider the case of the petitioner in accordance with law and merely because the petitioner is not found vending at the site at the time of survey, that by itself would not be a ground alone to reject her case.

We make it clear that we have not expressed any opinion on the merits of the case.

The writ petition stands disposed of.

G.S.SISTANI, J SANGITA DHINGRA SEHGAL, J AUGUST 06, 2018 SU