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High Court of DelhiW.P.(C)/4372/2016

Shri Ram Dass v. New Delhi Municipal Council & ORS

2016-07-25Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4372/2016 & C.M. No.18308/2016 SHRI RAM DASS ..... Petitioner Through Mr. Kirti Uppal, Sr. Adv. with Ms.

Aastha Dhawan, Ms. Wamika Trehan and Ms. Gauri P. Desai, Advs.

versus NEW DELHI MUNICIPAL COUNCIL & ORS ..... Respondents Through Mr.Harsha Peechara and Mr.

Mananjay Kumar Mishra, Advocates for R-1.

Mr. Devesh Singh and Mr. Vinod Kumar Bharti, Advs. for GNCTD.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 25.07.2016 The order passed by the predecessor Bench of this Court has now been set aside by the Division Bench. The order of the Division Bench passed in LPA No. 341/2016 dated 27.05.2016 has been placed on record. The relevant extract of the aforenoted order is reproduced herein as under:- "This Court had on 18.05.2016 in a series of appeals (LPA No. 136/2016 and other connected matters) decided the issues both as to the rights of the street vendors as well as regulatory concerns of the NDMC. It had indicated that pending survey and consideration for the purposes of allotment of sites duly earmarked, the approach to be adopted by the NDMC. In the light of that order, the impugned order needs to be suitably

modified. This Court also emphasises that the said judgment is the final judgment and thus would have an overriding effect over orders and arrangement. The final judgment both is with respect to the interim measures to be taken as well as the methodology to be adopted for settling the final rights of eligible applicants who could be treated as Street Vendors under the Act."

No further orders are called for on this petition which is disposed of.

Order dasti.

INDERMEET KAUR, J JULY 25, 2016