Mohd Javed & ORS v. East Delhi Municipal Corp & ORS

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 445/2016 MOHD JAVED & ORS ..... Appellants Through:

Mr.Yasir Rauf, Advocate.

versus EAST DELHI MUNICIPAL CORP & ORS ..... Respondents Through:

Mr.G.D. Mishra, Standing Counsel for EDMC.

Mr.Devesh Singh, ASC (Civil) with Ms.Sukriti Ghai and Ms.Urvashi Tripathi, Advocate for GNCTD.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 27.09.2018 Challenge in this appeal filed under clause X of the Letters Patent Act is to the order dated 12.07.2016 passed by the learned Single Judge directing respondent Nos.1 and 2 to take appropriate action for removal of the weekly Bazaar (Budh Bazaar) at Trilokpuri, Block-15, New Delhi. Counsel for respondents disputes the averments made in the appeal and submits that the appellants are not regular street vendors, which is disputed by the counsel for the appellants. Counsel for the respondents submits that the appellants cannot be allowed to vend at the spot in question as free movement of pedestrians is being obstructed. Counsel for the appellants submits that since the TVC has been constituted he would approach the TVC, however, the observation of the

learned Single Judge may not come in the way of TVC while deciding the application seeking Teh Bazari rights. Mr.Mishra has no objection. Accordingly, as prayed, leave is granted to the appellant to approach the TVC with all supporting documents. The TVC would consider the case of the appellant in accordance with law and unaffected by observations made by the learned Single Judge.

The appeal stands disposed of.

G.S.SISTANI, J SANGITA DHINGRA SEHGAL, J SEPTEMBER 27, 2018 afa/ LPA 445/2016 2/2