High Court of DelhiW.P.(C)/5028/2018

Kishan Lal And ORS. v. East Delhi Municipal Corporation And ANR.

2018-05-25Hon'Ble Mr. Justice G.S.Sistani,Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5028/2018 & CM No.19383/2018 (stay) KISHAN LAL AND ORS.

..... Petitioners Through:

Mr.Jivesh Kumar Tiwari, Advocate.

versus EAST DELHI MUNICIPAL CORPORATION AND ANR.

..... Respondents Through:

Mr.Ajay Garg and Ms.Shilpa Sharma, Advocates for respondents.

CORAM:

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

O R D E R

% 25.05.2018 This is a petition under article 226 of the Constitution of India filed by five petitioners. Fearing removal at the hands of the officials of the respondents has led to the filing of the present writ petition. Counsel for the petitioners submits that the petitioners are regular street vendors and their rights have been recognized which is evident upon the communications dated 03.06.2015 issued in favour of the petitioner Nos.1, 2, 4 and 5 by the Administrative Officer, Shahdra, North Zone, copies of which have been placed on record protecting their rights to carry on their business.

Counsel for the respondent/MCD submits that as far as the said petitioners are concerned, there is no proposal to remove them from the present site subject to condition that they carry out their vending activities as per the area mentioned in the aforesaid letters. Counsel for the respondent

further submits that since the petitioners are not carrying on their activities at the said area, they have asked not to block the main gate of SDN Hospital. Mr. Tiwari, counsel for the petitioner assures the Court that the petitioners will only vend at the designated areas. He further submits that in case of any violation, MCD would be free to remove them. Binding the parties to the stand taken in court today, as prayed, the present writ petition is disposed of.

CM No.19383/2018 (stay) In view of the order passed today in the above said writ petition, no orders are required to be passed in this application. G. S. SISTANI, J SANGITA DHINGRA SEHGAL, J MAY 25, 2018 afa W.P.(C) 5028/2018