Satnam Singh & ORS v. North Delhi Municipal Corporation (Ndmc) & ORS

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4528/2017 SATNAM SINGH & ORS ..... Petitioners Through Ms. Bhanita Patowary with Ms.

Gagandeep Chauhan, Advocate.

versus NORTH DELHI MUNICIPAL CORPORATION (NDMC) & ORS ..... Respondents Through Ms. Puja Kalra, Advocate for NDMC.

Mr. Sanjoy Ghose, ASC with Ms. Urvi Mohan, Advocate for GNCTD.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 28.05.2018 CM APPL 22271/2018 This is an application filed by the applicant seeking modification of order dated 25.04.2018.

Notice. Counsels for the non-applicants accept notice. Counsel for the applicant submits that necessity of filing this application has arisen on account of the fact that two petitions were disposed of by a common order while the area where the petitioners were squatting has not been mentioned. It is pointed out that in the opening line of the order, this Court has observed "The appellants/petitioners claim to be regular street vendors and have been squatting at the corner of Annapurna Bhandar, Fountain Chowk, H.C. Sen Road, Chandni Chowk, Delhi." whereas the present applicants claim to be squatting at the sites as mentioned in para 2 of the application, which reads as under :

"............ (a) Rain Basera, Kuda Ghar, H.C. Sen Road,

Chandni Chawk, towards Gate no.5, Chandni Chawk Metro Station, (b) towards gate no.5, Chandni Chawk Metro Station, near Sani Mandir, (c) Babu Market, Near BSES Sub-Station, Chandni Chawk, (d) In front of Annapurna Saree Bhandar, H.C. Sen Road, Chandni Chawk, Delhi (e) Esplanade Road, Opp. Shop no.72, Cycle Market, Chandni Chawk, Delhi"

Counsel for the applicants submits that with a view to avoid confusion at a later stage when the matter shall travel to the Town Vending Committee (TVC), respective sites be mentioned in the order. Ms. Puja Kalra, counsel for the NDMC submits that the applicants are unauthorised street vendors. They have no right to squat at the areas in question and the areas so mentioned are not their designated area.

Without expressing any opinion on the merits of the matter, order dated 25.04.2018 is modified. The opening line of the order dated 25.04.2018 will include the areas as mentioned above in the names of the applicants. The application stands disposed of.

G.S.SISTANI, J SANGITA DHINGRA SEHGAL, J MAY 28, 2018 ck/