Full Judgment Text
#S-39
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 25.05.2023
W.P.(C) 7320/2023 & CM APPL. 28491/2023 (for ad interim exparte
order)
LEELA DEVI ..... Petitioner
Versus
NEW DELHI MUNICIPAL COUNCIL AND ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Bhibhuti Bhushan Mishra, Mr. Kamlesh Kumar
Mishra, Ms. Shivalika, Mr. Aditya & Mr. Shashi
Kumar Jha, Advocates.
For the Respondents : Mr. Sri Harsha Peechara, ASC with Mr. Mananjay
Mishra, Ms. Harshita Gupta & Mr. SHubham Kumar
Mishra, Advocates for NDMC.
Ms. Nitika Bhutani, Advocate for R-2, 3 & 4.
CORAM:
HON’BLE MR. JUSTICE SIDDHARTH MRIDUL
HON’BLE MR. JUSTICE GAURANG KANTH
J U D G M E N T
SIDDHARTH MRIDUL, J. (OPEN COURT)
1. The present writ petition under Article 226 of the Constitution of
India, has been instituted on behalf of the petitioner, praying as follows:-
“In the facts and circumstances stated herein
above, it is Most Respectfully prayed that this
Hon’ble Court may graciously be pleased to:
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
18:26:33
W.P.(C) 7320/2023 Page 1 of 6
I. Pass an order directing the NDMC to allow the
petitioner to carry out her vocation of selling and
vending of Mobile cover items on the pavement
of NDMC area i.e.,At In front of D5,Near uphar,
Inner Circle, Connaught Place, New Delhi-
110001 in accordance with the provisions of the
Street Vendors (protection of Livelihood and
regulation of street vending) Act 2014 without
any hindrance or harassment of any sort.’
II. Pass an order directing the respondent
NDMC to conduct the survey under the Street
Vendors (protection of Livelihood and
regulation of street vending) Act 2014 as also
as mandated under, The Delhi Street Vendors
(Protection of Livelihood and regulation of
Street vending) Rules 2017 & The Government
of National Capital Territory of Delhi Street
Vendors (Protection of Livelihood and
regulation of Street vending) Scheme 2019 and
further to provide the certificate of vending to
the petitioner.
III. Pass an order directing the respondent NDMC
to start and complete the survey of the street
vendors in the NDMC area as mandated under the
Street Vendors (protection of Livelihood and
regulation of street vending) Act 2014 as also as
mandated under, The Delhi Street Vendors
(Protection of Livelihood and regulation of Street
vending) Rules 2017&The Government of
National Capital Territory of Delhi Street
Vendors (Protection of Livelihood and regulation
of Street vending) Scheme 2019.
IV. Pass an order directing the respondents to
place on record all
materials/orders/communications pertaining to
the Survey of the Street Vendors in the NDMC
area.
V. Pass any such directions or order that this
Hon’be Court deems fit and proper in the facts
and circumstances of the above-mentioned case.’’
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
18:26:33
W.P.(C) 7320/2023 Page 2 of 6
2. Issue notice.
3. Mr. Sri Harsha Peechara, learned Additional Standing Counsel
accepts notice on behalf of respondent no. 1. Ms. Nitika Bhutani, learned
counsel appearing on behalf of respondent nos. 2, 3 and 4.
4. Learned counsel appearing on behalf of the petitioner, limits the
relief in the present writ petition, in relation to the prayer clause (II)
( extracted herein above ), of the present writ petition; and to consider the
petitioner’s representation, which the petitioner undertakes to file, within
a week from today, before the duly constituted Town Vending
Committee (TVC), and to consider the same, at the time the TVC carry
out the subject survey, in accordance with law.
5. Accordingly, it is relevant to highlight that this Court, vide order
dated 16.02.2023, issued certain directions to the New Delhi Municipal
Council (NDMC) and GNCTD in W.P. (C) 12459/2022, titled as
‘ Bacchu Singh Paharia Vs. New Delhi Municipal Council & Anr. ’;
which will extend to the present petitioner, as well, with equal force and
vigour. The order dated 16.02.2023, passed in W.P. (C) 12459/2022,
titled as ‘ Bacchu Singh Paharia Vs. New Delhi Municipal Council &
Anr. ’ is extracted herein below , in toto :
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
18:26:33
W.P.(C) 7320/2023 Page 3 of 6
„The present writ petition under Article 226 of the
Constitution of India, has been instituted on
behalf of the petitioner, praying as follows:
“It is therefore, most respectfully prayed that this
Hon'ble Court may be pleased to:-
a) Direct the Respondent no. 1 and 2 allow the
petitioner to operate at his given vending site i.e.
Near Shop No.36, Sarojini Nagar Market New
Delhi till the final decision taken by the Town
Vending Committee after completion of Survey.
b) Issue a Writ, Order or Direction in the nature of
Pass such other or further orders, as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case.”
Mr. Gautam Narayan, learned Additional
Standing Counsel (Civil) appearing on behalf of
the GNCTD states that the survey to be
conducted by the duly constituted Town Vending
Committee, shall commence forthwith, in
accordance with the provisions of the Street
Vendors (Protection of Livelihood and
Regulation of Street vending) Act 2014, as well
as the Delhi Street Vendors (Protection of
livelihood and regulation of street vending)
Rules, 2017 and The Government of National
Capital territory of Delhi Street Vendors
(Protection of livelihood and regulation of street
vending) Scheme, 2019.
Mr. Sri Harsha Peechara, learned
Additional Standing Counsel appearing on
behalf of NDMC states, that they shall render
assistance, as may be required by the GNCTD,
in this behalf.
Directed accordingly.
No further relief is prayed for.
With the above directions, the writ petition
is disposed of accordingly. Pending applications
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
18:26:33
W.P.(C) 7320/2023 Page 4 of 6
also stand disposed of.
Copy of the order be given dasti to learned
counsel appearing on behalf of the parties.‟
6. Having regard to the facts and circumstances antecedent and
attendant in relation to the present writ petition and having heard learned
counsel appearing on behalf of the parties; we dispose of the present writ
petition, with a direction to the Town Vending Committee, to consider
and determine the petitioner’s representation, subject to the petitioner
filing the same, before the duly constituted TVC, in accordance with law,
at an appropriate stage.
7. No further relief is prayed for.
8. The writ petition is disposed of accordingly. The pending
application also stands disposed of.
9. A copy of this judgment be uploaded on the website of this Court
forthwith.
SIDDHARTH MRIDUL
(JUDGE)
GAURANG KANTH
(JUDGE)
MAY 25, 2023
Aanchal
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
18:26:33
W.P.(C) 7320/2023 Page 5 of 6
Click here to check corrigendum, if any
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
18:26:33
W.P.(C) 7320/2023 Page 6 of 6