Bharat Chauhan v. South Delhi Corportion And ANR

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9451/2017 BHARAT CHAUHAN ..... Petitioner Through Mr.Gyan Prakash, Adv.

versus SOUTH DELHI MUNICIPAL CORPORTION AND ANR ..... Respondents Through Mr. Sri Harsha Peechara, Standing Counsel with Ms. Vidhi Jain, Adv.

for SDMC.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 27.10.2017 This is a petition under Article 226 of Constitution of India filed by the petitioner, who claims to be squatting at Koila Siding, Gate No.2, Okhla PhaseII, New Delhi. The complaint of the petitioner is that despite the fact that he is a regular street vendor and has been vending for the past many years, the officials of the respondents are harassing him.

Mr. Peechara, who enters appearance on an advance copy for respondent SDMC, has drawn attention of this Court to the photograph filed by the petitioner at page 87, which shows that the petitioner has erected a khokha on the road. Counsel further submits that the petitioner is not a regular street vendor. His name is not found mentioned in any of the list prepared either by Chopra Committee or Chaturvedi Committee. Petitioner cannot be allowed to vend on the road, which will lead to obstruction of traffic and also free movement of pedestrian.

Mr. Gyan Prakash, learned counsel for the petitioner submits that the petitioner would confine to an area of 6'x4' open to sky and not vend on the road.

Having regard to the submissions made, we are of the view that no orders are called for at this stage.

The petition is accordingly dismissed.

C.M.APPL.38435/2017 also stands dismissed.

G.S.SISTANI, J V. KAMESWAR RAO, J OCTOBER 27, 2017/ck/ W.P.(C) 9451/2017 2/2