Mahesh & ORS v. South Delhi Municipal Corporation Of Delhi & ANR

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7322/2016 & C.M. No.30120/2016 MAHESH & ORS ..... Petitioners Through Ms.Rani Chhabra, Advocate.

versus SOUTH DELHI MUNICIPAL CORPORATION OF DELHI & ANR ..... Respondents Through Mr.Mukesh Gupta, Standing Counsel for SDMC.

Ms.Jyoti Taneja, Advocate for GNCTD.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 19.08.2016 There are four petitions. They are stated to be vending at Footpath Covering drain, Near Sheetla Mandir, Bapu Park, Kotla Mubarakpur, New Delhi. Qua petitioner nos.1 and 2 they have prosecution challans ranging from 2000; qua petitioner nos.3 and 4 they have prosecution challans ranging from years 2007 to 2011. Learned counsel for the petitioners submits that they are adequately protection under Section 3(3) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and they cannot be disturbed from their sites.

Per contra learned counsel for the respondent no.1 submits that these prosecution challans even presuming to be correct do not vest any right in favour of the petitioners. The petitioners have no other

document to show that they are licensee or tehbazari holder. Submissions and counter submissions of the parties have to be answered factually.

Since the Town Vending Committee (TVC) as envisaged under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 has been directed to be constituted as also in terms of the judgment of a Division Bench of this Court in Bhola Ram Patel Vs. NDMC & Ors. LPA No.136/2016 decided on 18.5.2016. Petitioners are directed to get their grievance addressed before the TVC, if any.

No further orders care called for in this petition. Petition disposed of.

INDERMEET KAUR, J AUGUST 19, 2016 ndn