Subhash Sabharwal v. New Delhi Municipal Council (Ndmc) & ANR

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6835/2016 SUBHASH SABHARWAL ..... Petitioner Through Mr.Dharmender Sharma, Advocate.

versus NEW DELHI MUNICIPAL COUNCIL (NDMC) & ORS ..... Respondents Through Mr.Sri Harsh Peechara, ASC for NDMC.

Mr.Devesh Singh, ASC along with Mr. Vinod Kumar Bhati, Adv. for GNCTD.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 05.08.2016 C.M. Nos.28183-84/2016 (exemption) Exemption is allowed subject to just exceptions. Applications disposed of.

W.P.(C) 6835/2016 & C.M. No.28185/2016 Petitioner was stated to be a squatter up to April, 2016 at GAvenue between Kiosk No.3 and 4, Mini Market, Sarojini Nagar Market, New Delhi. Submission of the petitioner is the he was not squatting there since April, 2016 because of poor health and bed ridden. Since he is admitted in the hospital he is employed through a sales-boy Phoolbagh who is looking after his stall. His submission is that he is protected under Section 3(3) of the Street Vendors

(Protection of Livelihood and Regulation of Street Vending) Act, 2014. Learned counsel for the respondent who has put in appearance on advance notice is disputing the claim of the petitioner as there are no documents to substantiate. Even otherwise since the petitioner has admitted that he has left the site since April, 2016 and the squatting site even as per the petitioner is being look after by a helper, the petitioner has now lost all rights, if any, on this site. In this view of the matter no orders are called for in this petition.

Petition disposed of.

Order dasti under signatures of the Court Master. INDERMEET KAUR, J AUGUST 05, 2016 ndn