Mohan Kumar v. New Delhi Municipal Council & ORS

$~3 & 4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11519/2016 MOHAN KUMAR ..... Petitioner Through: Mr. B.B. Sawhney, Senior Advocate with Ms. Indra Sawhney, Advocate.

versus NEW DELHI MUNICIPAL COUNCIL & ORS ..... Respondent Through: Mr. Sri Harsha Peechara, Additional Standing Counsel with Mr. Mananjay Mishra, Advocate for NDMC.

W.P.(C) 11653/2016 SHAMSHUDDIN ..... Petitioner Through: Mr. B.B. Sawhney, Senior Advocate with Ms. Indra Sawhney, Advocate.

versus NEW DELHI MUNICIPAL COUNCIL & ORS ..... Respondent Through: Mr. Sri Harsha Peechara, Additional Standing Counsel with Mr. Mananjay Mishra, Advocate for NDMC.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 19.12.2016 The petitioner in Writ Petition No. 11519/2016 claims to be carrying on business of selling readymade garments near Bank of Baroda (Peepal Tree), IOB, Janpath Lane, New Delhi since 1991. While, the petitioner in Writ Petition No. 11653/2016 claims to be carrying on his business of selling readymade garments at Site close to Indian Oil Building, Near Bank of Baroda, Janpath Lane, New Delhi since 1998.

Having been removed from their respective sites, has led to filing of the present writ petitions. The matter has been adjourned on two occasions to enable the learned counsel for the respondent to take appropriate instructions in the matter. The court was informed that the petitioners were not found at the sites and since the petitioners were not found at the sites, they cannot be put back as no space is available. Today we are informed that the following sites are available: - S.No.

Name Site 1.

Kunwar Pal S/o Bansi Lal Jeevan Bharati Building Boundary Wall (Corner) Entry Gate No. 1 Parking.

2.

Sanjeev Kumar S/o Agan Lal Jeevan Bharati Building Boundary, Janpath Lane, Janpath.

3.

Rakesh Babu Gupta alias Neta S/o Ram Prakash Gupta Near Gupta Pan Bhandar, Pipal Tree, Near Bank of Baroda, Gate No. 1.

4.

Arun Kumar Gupta S/o Gaya Prasad Gupta Pan Bhandar, Near Pipal Tree, Near Bank of Baroda, Gate No. 1.

5.

Anil Kumar Gupta S/o Munna Lal Gupta Gupta Pan Bhandar, Near Pipal Tree, Near Bank of Baroda, Gate No. 1.

6.

Balik Ram S/o Gangaram Jeevan Bharati Building Wall, Parking Gate No. 1, Near Police Barricade.

Mr. Harsha submits that the petitioner would be allowed to squat subject to the further directions of Town Vending Committee as and when passed at any of the sites as detailed above and the formal order would be passed within three days and the petitioners would be placed at the sites latest by Friday i.e. 23.12.2016.

With these directions, both the writ petitions are disposed of, as prayed.

G.S.SISTANI, J VINOD GOEL, J DECEMBER 19, 2016 "sk"