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High Court of DelhiW.P.(C)/10029/2016

Veena @ Reena Devi v. North Delhi Municipal Corporation And ANR

2016-10-25Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10029/2016 VEENA @ REENA DEVI ..... Petitioner Through Mr.N.K.Sahoo, Advocate.

versus NORTH DELHI MUNICIPAL CORPORATION AND ANR ..... Respondents Through Ms.Mansi Gupta, Adv for NDMC.

Ms.Prathishta Vij for Mr.Sanjoy Ghose, ASC for GNCTD.

SI Balmukund Rai from Police Station Rajinder Nagar.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 25.10.2016 C.M .No.39787/2016 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

W.P.(C) 10029/2016 Petitioner is stated to be a squatter at the pavement near Ward No.149, Ganga Ram Hospital Road, New Delhi. In support of her case she has filed prosecution challans of the year 2008. Further submission is that she is adequately 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 submits that these

challans do not vest any right in favour of the petitioner to squat at the said site. It is submitted that Town Vending Committee qua respondent no.1 has not been constituted as of now. Be that as it may, in view of the provision of Section 3(3) of the Street Vendors (Protection of Livelihood and regulation of Street Vending) Act, 2014 as also the judgment of the Division Bench of this Court passed in Bhola Ram Patel Vs. NDMC & Ors. LPA No.136/2016 decided on 18.5.2016, this Court is of the view that this petition can be disposed of directing the petitioner to get her grievance, if any, addressed before the Town Vending Committee (TVC) of the respondent no.1 as and when constituted.

Petition disposed of.

Order dasti.

INDERMEET KAUR, J OCTOBER 25, 2016 ndn