Om Wati v. New Delhi Municipal Council & ANR

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5765/2016 OM WATI ..... Petitioner Through: Mr. Puneet Singh and Ms. Surabhi Arora, Advs.

versus NEW DELHI MUNICIPAL COUNCIL & ANR ..... Respondents Through: Mr. Arjun Mitra, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 01.07.2016 CM. NO. 23751/2016 Exemptions allowed subject to all just exceptions. The application stands disposed of.

W.P.(C) 5765/2016 This is a petition filed by the petitioner with the following prayers: (i) Issue a writ, order or direction in the nature of mandamus directing the respondents not to remove from her present site / shop at 11A, Behind Ram Manohar Lohiya Hospital, Near NDMC Market, New Delhi for earning her livelihood.

(ii) Issue an appropriate writ, order or direction restraining the respondents, its officials and servants from interfering with the business of the petitioner being carried on behind Willingdon Hospital (Ram Manohar

Lohiya Hospital), New Delhi.

(iii) Issue an appropriate writ, order or direction restraining the respondents, its officials and servants to provide alternative site at Gate no. 6 Ram Manohar Lohiya Hospital, New Delhi before removing the petitioner from her present shop / site.

(iv) Pass such other or further order (s) as this Hon‟ble Court may deem fit and proper, in the circumstances of the case.

Learned counsel for the respondents states that a Town Vending Committee has been constituted to decide the issues under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and section 3 and 4 thereof contains mechanism for identification of the street vendors. He has placed before me the judgment of Division Bench of this Court in LPA 292/2016 and connected Appeals dated 18th May, 2016 and order dated 20th May, 2016 in LPA 143/2016 to contend that the petitioner shall be at liberty to approach the said Committee.

Noting the aforesaid submission and considering the orders passed by the Division Bench of this Court liberty is granted to the petitioner to approach Town Vending Committee.

The petition stands disposed of.

CM. No. 23750/2016 Dismissed as infructuous.

V. KAMESWAR RAO, J (VACATION JUDGE) JULY 01, 2016 jg