Ramesh Kumar v. Dcp, South District Through The Commisshioner Of Police And ORS

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7194/2018 & CM APPL. 50050/2019 and CM APPL. 22228/2022 RAMESH KUMAR .....Petitioner Through:

Mr. Daleep Dhyani, Advocate.

versus DCP, SOUTH DISTRICT THROUGH THE COMMISSHIONER OF POLICE AND ORS .....Respondents Through:

Ms. Puja S. Kalra, Advocate for R-3/MCD with Mr. Virendra Singh Advs. with Mr. A.S.Negi, LI Central Zone, MCD.

SI Talib Khan, P.S.Lodhi Colony.

Mr. Rishabh Raj Jain, SC for BSES with Mr.

Sharique Hussain and Ms. Garvita Jain, Advocates for R-4.

Mr. Rishikesh Kumar, ASC, GNCTD with Ms.

Sheenu Priya, Mr. Atik Gill, Mr. Sudhir Kumar Shukla and Mr. Sudhir, Advocates for R/GNCTD.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 15.10.2024 1.

This writ petition has been preferred seeking the following reliefs:

"I. Pass an order directing the respondents more particularly respondent No. 1 to ensure that Letter dated 21.06.2018 No. W.P.(C) 7194/2018 Page 1 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

AC/CNZ/192/2018 issued by the Assitant Commissioner SDMC to the DCP, South District, Hauz Khas New Delhi is acted upon in letter and spirit and the area of Sai Baba Temple is completely sanitized of the illegal encroachments of any kind. II.

Pass an order directing the authorities to comply in letter and Spirit the orders of this Hon'ble Court in WP(C ) 1511 of 2006 dated 26.09.2007.

III.

Pass an order directing respondent BSES to ensure that no electricity connection is granted to the illegal encroachers and those granted shall be disconnected with immediate effect. IV.

Pass an order levying a fine of Rs 1 Lakhs on Respondent No. 1 and Respondent No. 3 each for having failed to keep the area near sai baba temple encroachment free inspite of the same having been cleaned on the directions of the Hon'ble Supreme Court. V.

Pass an order directing the Respondents to undertake a joint encroachment removal drive in the Sai Mandir area at Lodhi Road, New Delhi and ensure that all the illegal enroachments are removed with immediate effect.

VI.

Pass an order directing Deputy Commissioner of Police, South District, Hauz Khas, New Delhi to be held personally responsible if in case illegal encroachments take place in the Sai Mandir area at Lodhi Road, New Delhi.

VII.

Pass an order directing the respondents to dispose of the representation made by the petitioner to be disposed of in a weeks time.

VIII. Pass any such directions or order that this Hon'ble court deems fit and proper in the facts and circumstances of the above mentioned case."

2.

Undisputedly, the petitioner also holds a vending license on the basis of which he carries on vending activities in the area in question. Insofar as the allegations leveled in respect of squatters is concerned, we take note of the following details which appear in a communication dated 11 March 2019 issued by the erstwhile South Delhi Municipal Corporation and which has been enclosed along with the status report submitted by the Municipal Corporation of Delhi1. The said chart is reproduced herein below:- 1 MCD W.P.(C) 7194/2018 Page 2 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Sl. No Name Father/Husband Name Status Dharampal She is tehbazari holder allotted at Shiv Mandir Marg, Tughlakabad Extn, but could not be given physical possession by SD MC. Hon'ble High Court directed appellant shall not be disturbed from the place where the appellant is current vending at near Sai Baba Mandir/ Lodhi Road, Delhi.

2.

Pawan Kumar Bhoop Singh Slip no. 287038 dt. 10.09.2007 issued under National Vending Policy Scheme 2007.

3.

Raj Kumar Jagdish Paswan Slip 294054 dt. 12.09.2007 issued under National Vending Policy Scheme 2007.

4.

Sunita Kanhaiya Slip No. 293025 dt. 17.09.2007 issued under National Vending Policy Scheme 2007.

5.

Pradeep Parasnath Slip No. 222050 dt. 20.09.2007 issued under National Vending Policy Scheme 2007.

6.

Banarsi Devi Ram Chandra Slip No. 348044 dt. 25.10.2007 issued under National Vending Policy Scheme 2007.

7.

Neeraj Giri Raj Slip No. 156085. dt. 30.10.2007 issued under National Vending Policy Scheme 2007.

8.

Omwati Tohfaram (D/o) 1.

Parmeshwari Devi Slip No. 120071 dt. 11.09.2007 issued under National Vending Policy Scheme 2007.

9.

Babulal Gulab Chand Slip No. 228022 dt. 28.09.2007 issued under National Vending Policy Scheme 2007.

10.

Sharda Devi Janardhan Sharma Slip No. 287099 dt. 11.09.2007 issued under National Vending Policy Scheme 2007.

11.

Mangal Mishra Jagannath Mishra Slip No. 509091 dt. 14.09.2007 issued under National Vending Policy Scheme 2007.

12.

Chandrapal Nanhe Singh Slip No. 523088 dt. 19.09.2007 issued under National Vending Policy Scheme 2007.

13.

Krishna Devi GirirajSingh (D/o) Giriraj Rambir (W/o) Slip No.15686 dt. 31.10.2007 issued under National Vending Policy Scheme 2007.

14.

Parasnath Padmeshwardeen Slip No. 507001 dt. 13.109.007 issued under National Vending Policy Scheme 2007.

(W/o) W.P.(C) 7194/2018 Page 3 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

15.

Laldhar Shukla Swami Nath Slip No. 515052 dt. 15.10.2007, issued under National Vending Policy Scheme 2007.

16.

Surender Nath Ramkishore Slip No. 376064 dated 12.09.2007, issued under National Vending Policy Scheme 2007.

17.

Shiv Shanker Ram Sabad Slip No. 509060 dated 14.09.2007, issued under National Vending Policy Scheme 2007.

18.

Premwati Devi Suresh Chand Slip No. 288044 dated 11.09.2007, issued under National Vending Policy Scheme 2007.

19.

Kanhaiya Munna Challan receipts dated 27.02.2009, 03.12.2009, 29.10.2009, 24.06.2011, 02.11.2011, 20.11.2012 and protection given by J.P. Singh Court (Appellate Authority) protection under sub 3.

20.

Sunil Rambir Challan receipts dated 18.08.2011, & 23 .2014 and matter is sub-judice before Hon'ble High Court WPC 994/2018 & CM 4175/2018 Neeraj Kumar & Ors Vs SDMC.

21.

Mangi Lal Babu Lal Challan receipts dated 18.08.2011, & 04.08.2018 and matter is sub-judice before Hon'ble High Court WPC 143/2015 & CM NO. 232/2015 22.

Pitram Hanumana Singh Challan receipts dated 06.03.2009, 18.08.2011, 11.12.2013, 04.08.2018 and matter is sub-judice before Hon'ble High Court WPC 994/2018 & CM 4175/2018 Neeraj Kumar & Ors Vs SDMC.

23.

Indrabhan Verma Seetaram Verma Challan receipts dated 27.02.2009, 09.10.2009, 30.10.2009, 15.01.2010, 10.06.2011, 22.07.2011, 29.07.2011, 18.08.2011, 09.01.2013, 23.07.2014, 24.12.2016, 04.08.2018 and matter is subjudice before Hon'ble High Court WPC 994/2018 & CM 4175/2018 Neeraj Kumar & Ors Vs SDMC 24.

Udaybhan Shri Ram Challan receipts dated 18.08.2011, 04.12.2017 and matter is sub-judice before Hon'ble High Court WPC 994/2018 & CM 4175/2018 Neeraj Kumar & Ors Vs SDMC 25.

Ramesh Girend Yadav Challan receipts dated 16.07.2014, and matter is sub-judice before Hon'ble High Court WPC 413/2015 & CM 232/2015, Hawkers's Joint Action Committee Vs LG Shukla W.P.(C) 7194/2018 Page 4 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

& ors.

26.

Pushpa Rinku Documents not submitted by the Vendor 27.

Shanti Babulal Documents not submitted by the Vendor 3.

Ms. Kalra, learned counsel appearing for the MCD, further apprises the Court that the person whose name appears at Sl. No. 26 of the table extracted hereinabove was also subsequently granted a vending certificate. 4.

We are further informed that the individual mentioned at Sl. No. 27 is no longer vending.

5.

Ms.Kalra had also drawn our attention to the statement which came to be made before the Supreme Court in M. C. Mehta vs. Union of India & Ors2 on 18 May 2018 and which consequently protects the vending activities being undertaken by the 27 individuals noted above. 6.

In view of the aforesaid, we find no ground to continue this writ petition. It shall stand disposed of.

YASHWANT VARMA, J.

RAVINDER DUDEJA, J.

OCTOBER 15, 2024/ib 2 W.P.(C) 4677/1985 W.P.(C) 7194/2018 Page 5 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.