Prahlad Kashyap v. South Delhi Municipal Corporation And ANR

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7938/2017 PRAHLAD KASHYAP ..... Petitioner Through Mr.Gyan Prakash, Adv.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ANR ..... Respondents Through Mr.Sri Harsha Peechara, Standing Counsel, SDMC with Mr.Mananjay Kr.

Mishra & Ms.Vidhi Jain, Advs. for SDMC.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 18.09.2017 The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India.

The petitioner claims to be a regular street vendor. As per the writ petition, the petitioner is vending near Punjab & Sind Bank, near Bharat Petrol Pump, Green Park, New Delhi.

The grievance of the petitioner is that he is not being allowed to vend by the officials of respondents No.1 & 2. On the last date of hearing, time was sought by respondent No.1 to seek instructions in the matter. Mr.Peechara, learned counsel for respondent No.1/ SDMC has drawn the attention of the Court to an order passed by the Appellate Authority, dated 11.04.2014, as per which the petitioner had claimed to be squatting at the Footpath near Uphar Cinema, Green Park, New Delhi. Mr.Peechara submits that on account of change of the site, which is abutting a main road, the petitioner cannot be

allowed to squat and vend, as respondent No.1 is now following a uniform policy in not allowing the street vendors to vend on any of the main roads, as it leads to obstruction in free-flow of traffic, and great inconvenience to pedestrians and can also result in fatal accident(s). At this stage, the learned counsel for the petitioner submits that the petitioner would now vend at his initial site, i.e. at Footpath near Uphar Cinema, Green Park, New Delhi, for which the learned counsel for respondent No.1 submits that his client has no objection.

As prayed, the writ petition is disposed of in above terms. C.M. No.32766/2017 (for stay) Application stands disposed of in view of the order passed in the writ petition.

G.S.SISTANI, J.

CHANDER SHEKHAR, J.

SEPTEMBER 18, 2017/ka / W.P.(C) 7938/2017 2/2