National Hawkers Federation (New Seelampur) v. Commissioner Of Police And ORS

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4584/2017 NATIONAL HAWKERS FEDERATION (NEW SEELAMPUR) ..... Petitioner Through Mr.Kamlesh Kr. Mishra, Adv. with Mr.Vishal Kalra, Adv.

versus COMMISSIONER OF POLICE AND ORS ..... Respondents Through Ms.Neelam Kholiya, Adv. for Mr.Devesh Singh, ASC (Civil), GNCTD for R-1 to 3 and R-5.

Mr.Manoj Kr. Sharma, Adv. with Mr.Devendra Kumar, Adv. for R-4.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 31.08.2017 The present writ petition has been filed by the petitioner - National Hawkers Federation (New Seelampur) under Article 226 of the Constitution of India seeking a writ of Mandamus. The petitioner is aggrieved by the illegal action on the part of respondents No.1 & 2. The members of the petitionerOrganization (hereinafter referred to as "The Petitioners") claim to be squatting at New Seelampur.

Learned counsel for the petitioners submits that the petitioners are not being allowed to vend by the officials of the Police Station New Seelampur. Learned counsel for respondents No.1 to 3 & 5 had appeared on an advance copy. This Court was orally informed that the petitioners were obstructing the ingress and egress to the Police Station and hence, they have

been removed. We were also informed that not only the street vendors obstruct the traffic and public movement thereof, but the presence would also lead to a security hazard.

Mr.Mishra has filed a sketch map showing the position of the road in question. He submits that all the hawkers and vendors from the area shown in blue (area in question) have already been removed and they further undertake not to occupy the area in question. Learned counsel for respondents No.1 to 3 & 5 submits that in case the hawkers and vendors do not hawk and vend in the area marked in blue, her clients would have no objection if the hawkers carry out their hawking activities.

In view of the stand taken by the learned counsels for the parties, the present writ petition is disposed of as prayed. C.M. No.20026/2017 (for stay) Application stands disposed of in view of the order passed in the writ petition.

G.S.SISTANI, J.

CHANDER SHEKHAR, J.

AUGUST 31, 2017/ka / W.P.(C) 4584/2017 2/2