Suman Kumar Sharma & ORS v. Commissioner, South Delhi Municipal Corporation & ORS

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6818/2016 & C.M. No.27996-97/2016 SUMAN KUMAR SHARMA & ORS ..... Petitioners Through Mr.Anurag Ojha, Mr.

Kamlesh Kumar Mishra and Ms. Yaamini Sharma, Advs.

versus COMMISSIONER, SOUTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through Mr. Mukesh Gupta, standing counsel for R-1 & R-2.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 04.08.2016 There are three petitioners before this Court. They are stated to be squatters at Chhattarpur; their addresses have been mentioned in the memo of parties. To substantiate this submission, certain documents have been placed on record which as per the learned counsel for the respondent being prosecution challans would not create any right in favour of the petitioners. The petitioners further submit that they are protected under Section 3 (3) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014; unless and until, a survey as has been mandated under the aforenoted Act is carried out, the petitioners cannot be dispossessed. In the course of discussion, it has come on record that the petitioners on 10.07.2016 removed from their sites. Contention of the petitioners is that this was an illegal removal. This factum has been disputed by the respondents.

Be that as it may, in view of the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and the judgment of Bhola Ram Patel Vs. NDMC in LPA No.136/2016 decided on 18.05.2016 where a Town Vending Committee (TVC) has been envisaged, the grievance of the petitioners, if any, will be answered by the TVC and permission is granted to the petitioners to approach the TVC as and when it is so constituted.

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

INDERMEET KAUR, J AUGUST 04, 2016