High Court of DelhiW.P.(C)/12077/2016

Simmi Kapoor v. New Delhi Municipal Council And ANR

2016-12-22Hon'Ble Mr. Justice G.S.Sistani,Hon'Ble Mr. Justice Vinod Goel2 pages

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12077/2016 SIMMI KAPOOR ..... Petitioner Through Mr.Anand Shailani, Adv.

versus NEW DELHI MUNICIPAL COUNCIL AND ANR ..... Respondents Through Mr.Sri Harsha Peechara, ASC, NDMC with Mr.Mananjay Mishra, Ms.Shailja Nanda Mishra & Ms.Vidhi Jain, Advs. for R-1.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 22.12.2016 C.M. No.47719/2016 Exemption allowed, subject to all just exceptions. Application stands disposed of.

W.P.(C) 12077/2016 & C.M. No.47718/2016 The present petition has been filed by the petitioner under Article 226 of the Constitution of India seeking writ of Mandamus, directing respondent No.1 to substitute the name of the petitioner in place of deceased and further directing the respondents not to disturb or dispossess the petitioner from her squatting site as per the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

Learned counsel for the petitioner, at the outset, submits that he only presses for relief for substitution of the name of the petitioner in place of her husband Sh.Chand Kapoor who died on 27.09.2016 at this stage. Copy of the

application has been filed at page 55 of this petition. Petitioner also claims to be vending near IOB (backside of Bank of Baroda), Janpath Bhawan, Connaught Place, Delhi.

Mr.Harsha, who enters appearance on an advance copy, submits that without admitting any of the averments made in the writ petition, the prayer of the petitioner for substitution of the name would be considered by the Town Vending Committee.

Accordingly, as prayed, the present petition is disposed of, with a direction to the Town Vending Committee to consider the representation of the petitioner as filed at page 55 of the paper-book expeditiously. Rights of both parties are kept open. Pending application also stands disposed of. Dasti.

G.S.SISTANI, J.

JAYANT NATH, J.

DECEMBER 22, 2016/ka W.P.(C) 12077/2016 2/2