Rahul Gupta v. New Delhi Municipal Council And ORS

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8218/2016 RAHUL GUPTA ..... 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.34084/2016 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

W.P.(C) 8218/2016 & C.M. No.34083/2016 The petitioner before this Court is Rahul Gupta. He is stated to be the legal representative/legal heir of Manju Gupta who was squatting at a site opposite Khadi Gram Udyog, Regal Cinema, Connaught Place, New Delhi. After her death in 2013 the petitioner is stated to be squatting at the site since then. The death certificate

late Manju Gupta is however not on record. What is on record certain prosecution challans which are of the years 2013, 2015 and 2016. Submission before this Court is that the he is entitled to be substituted in place of his mother. Additional submission is that since he is squatting at the aforenoted since 2013 he has right under Section 3(3) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

Per contra, learned counsel for the respondent states that the provisions of Section 5(2) of the said Act would not be applicable as the original vendee namely Manju Gupta was an unauthorized squatter.

Be that as it may, since the admitted position as on date is that the Town Vending Committee (TVC) of NDMC (respondent no.1) has since been constituted, the grievance, if any, of the petitioner will be answered by the TVC.

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

INDERMEET KAUR, J SEPTEMBER 19, 2016 ndn