High Court of DelhiW.P.(C)/10167/2017

Raj Kumar v. North Delhi Municipal Corporation And ANR

2018-02-15Hon'Ble Mr. Justice G.S.Sistani,Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10167/2017 RAJ KUMAR ..... Petitioner Through:

Mr. N.K. Sahoo, Advocate.

versus NORTH DELHI MUNICIPAL CORPORATION AND ANR ..... Respondents Through:

Mr. Tushar Sannu, Advocate for NDMC.

Mr. Anam Ahmad, Adv. for Ms. Isha Khanna, Advocate for R-2/GNCTD with ASI Ram Lakhan, PS Roop Nagar, Delhi.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 15.02.2018 A short affidavit has been filed by North Delhi Municipal Corporation.

The petitioner claims to be a regular squatter and is squatting outside Shop/Building No.22, Bamashaha Market, Kamla Nagar, P.S.-Roop Nagar, Delhi-7, since 1971. The grievance of the petitioner is that the officials of the respondents are harassing him.

Counsel appearing for respondent no.1 submits that in the year 2002 the petitioner was granted 'Pheri Licence' which is evident from the reading of the copy of the 'Pheri Licence' placed by the petitioner with the petition at page No.54 of the paper book.

Counsel for the respondent relies upon the photographs filed along with the short affidavit and submits that the petitioner cannot be allowed to vend in the middle of the road.

Mr.Sahoo, counsel for the petitioner submits that the petitioner cannot be singly out when the similarly situated persons are allowed to vend which is evident from the photographs placed on record. Mr.Sahoo, counsel for the petitioner submits, on instructions, at this stage that the petitioner would make an application before Town Vending Committee (in short 'TVC') as and when it is constituted and TVC be directed to consider the case of the petitioner in accordance with law and expeditiously.

Counsel for the respondents has no objection subject to the issues raised by him in the short affidavit.

Resultantly, the writ petition is disposed of as not pressed. Should the petitioner make an application before TVC as and when it is constituted with supporting documents, TVC shall consider the case of the petitioner in accordance with law.

CM No.41518/2017 The application is disposed of, in view of order passed in the writ petition.

G. S. SISTANI, J SANGITA DHINGRA SEHGAL, J FEBRUARY 15, 2018 afa W.P.(C) 10167/2017