Awadh Narain Singh And ORS v. South Delhi Municipal Corporation And ANR

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7802/2016 and CM No. 32265/2016 AWADH NARAIN SINGH AND ORS ..... Petitioners Through Dr. Sumant Bharadwaj and Mr.

Mridula Ray Bharadwaj, Advocates versus SOUTH DELHI MUNICIPAL CORPORATION AND ANR ..... Respondents Through Mr. Mukesh Gupta, Standing Counsel with Mr. Shishpal, Advocate for SDMC Mr. Devesh Singh, ASC for R-2

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 19.09.2016 There are 21 petitioners before this Court. They are stated to be squatting from various sites as mentioned in this petition. In support of their submissions they have placed on record certain prosecution challans. They have also relied upon the provisions of Section 3 (3) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 to substantiate their submission that they cannot be dislocate d.

Per contra, counsel for the respondent (SDMC) submits that the prosecution challans, if any, do not show any vested rights in favour of the petitioners. Their submission that they are vending from the afore noted sites are in dispute. Learned counsel for the respondent

submits that the judgment of a Division Bench of this Court in LPA No.136/2016 Bhola Ram Patel Vs. NDMC & Others has carved out the law in this aspect. The directions contained in para 26 of the judgment will be followed in true letter and spirit. Noting the submissions and counter submissions of the parties this Court is of the view that the directions contained in para 26 of the judgment of Bhola Ram (supra) will be followed by the respondent in true letter and spirit. The grievances, if any, of the petitioner will be addressed to the TVC of the respondent no.1 as and when so constituted.

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

Order dasti under signatures of Court Master. INDERMEET KAUR, J SEPTEMBER 19, 2016 gb