Daulat Ram v. New Delhi Municipal Council And ORS

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8195/2016 DAULAT RAM ..... Petitioner Through Mr.Kirti Uppal, Sr.

Adv.

with Ms.Aastha Dhawan, Ms. Wamika Trehan, Ms.

Gauri P.Desai, Advocates.

versus NEW DELHI MUNICIPAL COUNCIL AND ORS ..... Respondents Through Mr.Sri Harsha Peechara, ASC for NDMC along with Mr. Mananjay Mishra, Adv.

Ms.Jyoti Taneja, Advocate for GNCTD.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 19.09.2016 C.M. No.33971/2016 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

W.P.(C) 8195/2016 & C.M. No.33970/2016 Petitioner before this Court is stated to be vending from Tehbazari in front of pavement of Rivoli Cinema, Connaught Place, New Delhi. His submission is that he has wrongly been issued notice dated 03.5.2016 cancelling his Tehbazari permission. This is against the provisions of Section 9 of the Street Vendors (Protection of

Livelihood and Regulation of Street Vending) Act, 2014. His admission submission is that he is protected under Section 3(3) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. He has been continuously threatened everyday wherein threat is for his dispossession.

On advance notice, learned counsel for respondent no.1/NDMC has put in appearance. His submission is that the Tehbazari of the petitioner has been rightly cancelled by the aforenoted notice as he is an encroacher sitting at a pavement and is vending from an area in excess what had been permitted to him.

Be that as it may noting the submission and the counter submission of the parties as also the admitted fact that the Town Vending Committee (TVC) of NDMC/R-1 has since been constituted, the grievance of the petitioner, if any, may be addressed before the said TVC.

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

INDERMEET KAUR, J SEPTEMBER 19, 2016 ndn