Mayank Wadhwa & ORS v. South Delhi Municipal Corporation

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5668/2016 & CN No.23468/2016 MAYANK WADHWA & ORS ..... Petitioners Through Mr.Ashish Mohan, Adv. with Mr.Mohit Kumar, Adv.

versus SOUTH DELHI MUNICIPAL CORPORATION ..... Respondent Through Ms.Aarti Bansal, Adv.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 20.12.2016 The present petition has been instituted by eight petitioners apprehending that the respondent is planning to place street vendors outside their shops whereas the consistent stand of the respondent has been that District Centre, Nehru Place, has been declared as "No Hawking Zone". Ms.Bansal, learned counsel for the respondent, has handed over copy of the counter affidavit in Court, the original of which shall be filed in the Registry during the course of the day. Paras 2 and 3 of this counter affidavit read as under:

"2.

That District Centre Nehru Place has been declared as a "NO HAWKING ZONE" since the year 2009, by LG.

3. That as per the inspection held on 04 August 2016, of the place of work of the Petitioner, as mentioned by the petitioners, no hawker/street vendor was found to have been placed outside the shop of the petitioner."

In view of the stand taken by the respondent that in fact no hawker/street vendor is present outside the shops of the petitioners which is being verified by the counsel for the petitioners, no further orders are required to be passed except that the respondent shall be bound by the stand taken by the respondent in paras 2 and 3 of the affidavit. The petition and pending application are disposed of accordingly. G.S.SISTANI, J.

VINOD GOEL, J.

DECEMBER 20, 2016/jitender