Dinesh Gupta v. South Delhi Municipal Corporation & ANR

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6222/2016 DINESH GUPTA ..... Petitioner Through Mr. Dharmender Sharma and Ms.Monika Singh, Advs.

versus SOUTH DELHI MUNICIPAL CORPORATION & ANR ..... Respondents Through Ms. Reema Khorana and Mr. Abhaid Parikh, Advs. For R-1.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 20.07.2016 C.M. No.25440/2016 & C.M.No.25441/2016 (Exemption) Exemption is allowed subject to all just exceptions. Application disposed of.

W.P.(C) 6222/2016 & C.M. No.25442/2016 (stay) The petitioner is stated to be an unlicensed squatter purported to be having his stall since the year 2000 at N.R. Scope Complex, Lodhi Road, New Delhi. To substantiate this submission, he has placed on record certain challans which are of May, 2003 as also the challan dated 08.04.2004 which reflects that he is running a dhaba in a rainy drain and mosquito hygienic conditions.

On advance notice, learned counsel for the respondent has put an appearance. Her submission is that the petitioner is not entitled to any protection even as per the documents filed by the petitioner, the conditions where he is running his stall are unhygienic.

On this count, learned counsel for the petitioner submits that the provisions of Section 3 (3) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 grant him a protection. His additional submission is that he will approach the TVC. This Court has been informed that the TVC has not been constituted qua this area.

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

INDERMEET KAUR, J JULY 20, 2016