Nandu v. North Delhi Municipal Corporation And ANR
$-35 to 39
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3686/2017 Petitioner Through:
Mr.
Ramesh Kumar Mishra, Advocate.
versus NORTH DELHI MUNICIPAL CORPORATION AND ANR Respondents Through:
Ms. Puja Kalra and Mr. Mukesh Gupta, Standing Counsels for NDMC.
+ W.P.(C) 3687/2017 NANDU Petitioner Through:
Mr.
Ramesh Kumar Mishra, Advocate.
versus NORTH DELHI MUNICIPAL CORPORATION AND ANR Respondents Through:
Ms. Puja Kalra and Mr. Mukesh Gupta, Standing Counsels for NDMC.
Mr. Abhinav Singh, Advocate for R-2 with Mr. Satish Malik, SHO- + W.P.(C) 3688/2017 KARAN Petitioner Through:
Mr.
Ramesh Kumar Mishra, Advocate.
versus By:AMULYA
NORTH DELHI MUNICIPAL CORPORATION AND ANR Respondents Through:
Ms. Puja Kalra and Mr. Mukesh Gupta, Standing Counsels for NDMC.
+ W.P.(C) 3711/2017 RAJMAN YADAV Petitioner Through:
Mr.
Ramesh Kumar Mishra, Advocate.
versus NORTH DELHI MUNICIPAL CORPORATION AND ANR Respondents Through: Ms. Puja Kalra and Mi. Mukesh Gupta, Standing Counsels for NDMC.
Mr. Abhinav Singh, Advocate for R2.
+ W.P.(C) 4062/2017 Axi aa/ta-d Petitioner RAM AVTAR AAicUrQ Through: Mr.
Ramesh Kumai Mishia, Advocate.
versus north DELHI MUNICIPAL CORPORATION & ThroughMs. Puja Kalra and Mr. Mukesh Gupta, Standing Counsels for NDMC.
Mr. Abhinav Singh, Advocate for R2.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH
9^ %
ORDER
01.04.2019 1.
These are petitions filed under Article 226 of the Constitution of India by the petitioners. The petitioners claim to be regular street vendors squatting at the following areas:- Sri. No.
Name of petitioner Place of squatting ].
Ms. Asha Pavement along Sir Ganga Ram Hospital road, along DDA Wall, Rajender Nagar, New Delhi 2.
Mr. Nand Pavement along Sir Ganga Ram Hospital road, along DDA Wall, Rajender Nagar, New Delhi 3.
Mr. Karan Pavement along Sir Ganga Ram Hospital road, along DDA Wall, Rajender Nagar, New Delhi 4.
Mr. Rajman Yadav Pavement along Sir Ganga Ram Hospital road, along DDA Wall, Rajender Nagar, New Delhi 5.
Mr. Ram Avtar Pavement abutting DDA Wall, Near Tikona Park, Sir Ganga Ram Hospital Road, New Delhi 2.
Learned counsel appearing for the petitioners submits that the Town Vending Committee (TVC) has since been constituted, the petitioners would approach the TVC and, if for any reason, the petitioners are not found squatting, that alone should not be a ground to reject their case. 3.
Learned counsel appearing for the NDMC, without admitting any of the averments made in the writ petitions, submits that should the petitioners
make an application with all supporting documents before the TVC, the same would be considered in accordance with law and merely because the petitioners are not found squatting, that itself alone would not be a ground to reject the case of the petitioners.
4.
Accordingly, the writ petitions are disposed of with the following agreed directions:
(i) The petitioneis will approach the TVC with all supporting documents; and (ii) The TVC will consider the case of the petitioners in accordance with law and merely because the petitioners are not found vending at the site at the time of survey, that by itself would not be a ground alone to reject their case.
5.
We make it clear that we have not expressed any opinion on the merits of the cases.
6.
The writ petitions stand disposed of in above terms. 7.
Dasti.
G.S.SISTANI, J JYOTI SINGH, J APRIL 01, 2019 ^IK.