Man Mohan Sharma v. New Delhi Municipal Council (Ndmc) & ORS

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9438/2016 MAN MOHAN SHARMA ..... Petitioner Through Mr.Dharmender Sharma, Advocate.

versus NEW DELHI MUNICIPAL COUNCIL (NDMC) & ORS ..... Respondents Through Mr.Sri Harsha Peechara, ASC with Mr.

Mananjay Kumar Mishra, Advocate for NDMC.

Mr.Varun Nischal, Advocate for R-3.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 19.10.2016 C.M. Nos.37785-86/2016 (exemption) Exemption is allowed subject to just exceptions. Applications disposed of.

W.P.(C) 9438/2016 & C.M. No.37788/2016 (stay) Petitioner is stated to be vending at opposite shop no.S-8, Mini Market, Sarojini Nagar Market, New Delhi. In support of his stand he has filed certain challans of the year 2015-2016. His further submission is that he is protected under Section 3(3) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

Per contra, learned counsel for respondent/New Delhi Municipal Council submits that these challans do not create any vested rights in favour of the petitioner.

Be that as it may, since the Town Vending Committee (TVC) of respondent no.1 has been constituted. Petitioner is granted liberty to approach the said TVC to get addressed his grievances, if any. Learned counsel appearing for respondent no.3 submits that in view of the Division Bench judgment of this Court dated 05.10.2016 passed in WP(C) 6130/2016 Hawkers Adhikar Suraksha Samiti Vs. Union of India and Ors. a person squatting from a non-vending zone/non squatting zone is entitled to no relief. This aspect shall also be considered by the TVC. Petition disposed of in the above terms.

Order dasti.

INDERMEET KAUR, J OCTOBER 19, 2016 ndn