Ajay Jain And Another v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.116+231 Case No. : CWP-4123-2025 Decided On : February 18, 2025 Ajay Jain and another ....

Petitioners vs.

State of Haryana and others ....

Respondents CORAM :

HON'BLE MRS. JUSTICE LISA GILL.

HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA.

* * * Present :

Mr. Sachin Mittal, Advocate Mr. Parth Sharma, Advocate and Mr. Arnav Mittal, Advocate for the petitioners.

Mr. Sanjeev Kaushik, Advocate Ms. Simran Sharma, Advocate and Ms. Manreet Kaur, Advocate for respondent no.3 - Municipal Corporation, Gurugram. * * * LISA GILL , J. (Oral) :

1.

Present writ petition has been filed by petitioners, who claim to be owners of the property, as detailed in para 2 of the writ petition. Prayer is for constitution of Town Vending Committee in terms of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for brevity - 'the Act'); to ascertain the veracity and genuineness of claim of private respondents, who are stated to have illegally occupied area in front of the premises owned by the petitioners; their right to claim allotment/

possession over the site in question on tehbajari and to consider allotment of alternate site(s) to private respondents in case they are found to be having any genuine right.

2.

Learned counsel for the respondents (appearing on advance notice) submit that Town Vending Committee-1 - Zone-1 & 2 and Town Vending Committee-2 - Zone-3 & 4, have been constituted on 15.12.2023, in strict compliance of provisions of the Act. Furthermore, a District Street Vendors Disputes Redressal Committee has also been constituted vide order dated 27.01.2025, passed by the Commissioner, Municipal Corporation, Gurugram, comprising of following Chairman and Members :- Sr. No.

Members Designation Sh. Basheshar Singh, Civil Judge (Retired) Chairman Ms. Sarika Panda Bhatt, Social Worker Member Sh. Rajender Singh Saroha, General Secretary, Dron Member Rehri Feri Committee, Gurugram 3.

In view of the above, learned counsel for the parties are ad idem that this writ petition is rendered infructuous. However, learned counsel for petitioners seek liberty to raise all their grievances before the Town Vending Committees in accordance with law and in case of any grievance against the decision which may be taken by the Town Vending Committees, to avail remedy of appeal under the Act.

4.

Keeping in view the above facts and circumstances and consensus arrived at between the parties, this writ petition is disposed of as infructuous. Needless to say, petitioners are at liberty to raise all pleas as may be

available to them in accordance with law before the respective Town Vending Committee(s)/District Street Vendors Disputes Redressal Committee.

(LISA GILL) JUDGE February 18, 2025 (DEEPINDER SINGH NALWA) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.