Yashpal v. New Delhi Municipal Council (Ndmc) & ORS

$~33, 5, 7, 8, 9, 10, 19 & 20 * IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 5781/2017 YASHPAL NEW DELHI MUNICIPAL COUNCIL (NDMC) & ORS..... Respondents Mr.Devesh Singh, ASC (Civil) with Ms.Neelam, Adv. for Delhi Police.

W.P.(C) 4429/2017 RAJ KUMAR NEW DELHI MUNICIPAL COUNCIL (NDMC) & ORS..... Respondents Ms.Divya Jyoti Singh, Adv. for R-3.

W.P.(C) 4482/2017 RAM MURAT

Ms.Divya Jyoti Singh, Adv. for R-3.

W.P.(C) 4729/2017 RAJ BAHADUR CHOUDHRI & ORS ..... Petitioners Mr.Mukesh Kr. Singh, Adv. for R-3.

W.P.(C) 4971/2017 VIJAY KUMAR MISHRA Mr.Mukesh Kr. Singh, Adv. for R-3.

W.P.(C) 5172/2017 RAM SAGAR GUPTA & ORS ..... Petitioners Ms.Iram Majid, Adv. for R-3.

W.P.(C) 4892/2017 SUNDER SINGH Ms.Jyoti Taneja, Adv. for R-3.

SI Hemant, PS Sarojini Nagar, in person.

W.P.(C) 4907/2017 ANIS AHMED

Mr.Devesh Singh, ASC (Civil) with Ms.Neelam, Adv. for Delhi Police.

SI Hemant, PS Sarojini Nagar, in person.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE P.S. TEJI

O R D E R

% 12.07.2017 C.M. Nos.24125/2017 & 24126/2017 (exemption) in W.P. (C) No.5781/2017 C.M. No.19346/2017 (exemption) in W.P. (C) No.4429/2017, C.M. No.19583/2017 (exemption) in W.P. (C) No.4482/2017 and C.M. No.21204/2017 (exemption) in W.P. (C) No.4892/2017 Exemption allowed, subject to all just exceptions. Applications stand disposed of.

W.P. (C) Nos.5781/2017, 4429/2017, 4482/2017, 4729/2017, 4971/2017, 5172/2017, 4892/2017 & 4907/2017 Learned counsel for the petitioners points out that the names of all the petitioners find mentioned in the list of 628 street vendors prepared by the NDMC. However, eight petitioners were removed in October, 2016 in an action taken by the NDMC. It is the case of Mr.Peechara that the remaining 5 petitioners were not found vending and thus, their case cannot be considered along with the other street vendors who are petitioners herein. Mr.Sharma points out that in W.P. (C) Nos.11592/2016 and others, an order was passed on 25.04.2017 by which it was directed that 20 street vendors,

who were vending along the tree line, would be pushed back to the boundary wall of Shops No.36 & 37, Sarojini Nagar Market. The purpose of this exercise was to find extra space as some space was being taken by the trees which were planted along the said area. Eight petitioners pray that they are identically placed as the petitioners in the earlier writ petitions. Mr.Peechara points out and it is agreed by Mr.Sharma that there are only 20 Tharas available and eight persons would have to be re-allocated to Laxmi Bai Nagar.

Learned counsel for the petitioners suggests that out of 28 persons, 20 persons be selected by draw of lots and all the 28 persons will abide by the said decision. Barring the 5 petitioners being Raj Bahadur Choudhri, Ravinder Kul, Manoj Kumar (petitioners in W.P. (C) No.4729/2017), Sunder Singh (petitioner in W.P. (C) No.4892/2017) and Anis Ahmed (petitioner in W.P. (C) No.4907/2017), with the consent of the parties, we direct the NDMC to devise a fair method to allot the space to 20 persons at Dukhi Chowk, Sarojini Nagar Market and 8 persons at Laxmi Bai Nagar. The draw will be held in the presence of all the 28 persons as well as in the presence of their Advocate(s), as expeditiously as possible.

In W.P. (C) No.4892/2017, in the last order the name of Ms.Jyoti Taneja, Advocate finds mentioned as counsel for NDMC whereas she had appeared on behalf of GNCTD. The typographical error stands corrected. With these directions, all the writ petitions are disposed of. C.M. No.24127/2017 (for stay) in W.P. (C) No.5781/2017, C.M. No.19347/2017 (for stay) in W.P. (C) No.4429/2017, C.M. No.19585/2017 (for stay) in W.P. (C) No.4482/2017, C.M. No.20698/2017 (for stay) in W.P. (C) No.4729/2017, C.M. No.21451/2017 (for stay) in W.P. (C) No.4971/2017, C.M. No.22088/2017 (for stay) in W.P. (C) No.5172/2017, C.M. No.21206/2017 (for stay) in W.P. (C) No.4892/2017 and

C.M. No.21269/2017 (for stay) in W.P. (C) No.4907/2017 Applications stand disposed of in view of the order passed in the writ petitions.

G.S.SISTANI, J.

P.S. TEJI, J.

JULY 12, 2017/ka / W.P.(C) 5781/2017 & others 6/6