Prem Pal Singh v. North Delhi Municipal Corporation & ANR

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11624/2017, CM No. 47317/2017 PREM PAL SINGH ..... Petitioner Through:

Mr. N.K. Sahoo, Adv.

versus NORTH DELHI MUNICIPAL CORPORATION & ANR ..... Respondent Through:

Mr. Tushar Sannu, Adv. for North M.C.D.

Mr. Avtar Singh, Adv. for R-2

CORAM:

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

O R D E R

% 22.12.2017 1.

This is a petition under Article 226 of the Constitution of India. 2.

The petitioner claims to be squatting near Shop/Building No. 111-E, Batawali Gali, L Corner, Bada Golchaker Kamala Nagar, PS Roop Nagar, Deli-110007. Counsel submits that the possession of the petitioner was disturbed by the local police on 15th November, 2017. At this stage, the petitioner prays that as and when Town Vending Committee is constituted, the petitioner should be allowed to approach the Town Vending Committee with supporting documents and merely because he is not found vending at the spot, should not be a ground to reject his case. 3.

Counsels for the respondents enter appearance, on an advance copy. Without admitting any of the averments made in the writ petition, counsels submit that they would have no objection, to the prayer made in Court today. 4.

Accordingly, the present petition is disposed of with the following W.P.(C) 11624/2017

agreed directions: - (i) The petitioner would make a representation to the Town Vending Committee as and when it is constituted in the prescribed format with supporting documents;

(ii) The Town Vending Committee will consider the case of the petitioner in accordance with law after taking into consideration all the material placed on record;

(iii) In case when the survey is conducted and the petitioner is not found squatting at the site, that by itself would not be a ground to reject the case of the petitioner, if the petitioner is able to place relevant documents on record.

5.

This order is being passed without prejudice to the rights and contentions of both the parties and without expressing any opinion on the merits of the matter.

6.

The writ petition is disposed of.

Dasti under the signatures of Court Master.

CM No. 47317/2017 In view of the orders passed in the writ petition, CM 47317/2017 is disposed of.

G.S.SISTANI, J V. KAMESWAR RAO, J DECEMBER 22, 2017/ak W.P.(C) 11624/2017