W.P.(C)/3011/2015 of ROSHAN Vs NEW DLEHI MUNICIPAL COUNCIL & ANR

$-59 to 61*IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P.(C) 3011/2015

+W.P.(C) 3014/2015BABLI

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRUORDER%25.03.2015

The petitionershave filed the presentpetitionsseekingan injunction

thefromthein onrestraining respondents disturbing petitioners carryingwith their respectivetrades. The petitionersclaim to be squatterswho arecarryingon their respectivetrades on the streets. This is disputedby thelearned counsel for the respondents. The learned counsel for the partiespoint out that several similarpetitionshave been consideredby this Court

and have been disposed of with direction, enabling the petitioners to makerepresentationsbefore the Committeeto be constitutedunder the StreetVendors (Protection of Livelihood and Regulation of Street Vending) Act,2014 (hereafterthe 'Act'),whichhas come into force w.e.f 04.03.2014. Thelearned counsel for the petitioners rely upon one such order passed inW.P.(C) No.5580/2014, which reads as under:-

"Present writ petitions have been filed seeking directionto the respondents not to obstruct or disturb the petitioners incarrying on their trade from their respective sites till the TownVending Committee of NDMC issues certificate of vending tothe petitioners in accordance with Section 3(3) of the StreetVendors (Protectionof Livelihood and Regulation of Street ^Vending) Act, 2014 (hereinafter referred to as 'Act, 2014') andin terms of order dated 09th September, 2013 passed by theSupreme Court in MaharashtraEkta HawkersUnion andAnothervs. MunicipalCorporation,GreaterMumbaiandAnr., 2013(11) SCALE 329.

Learned counsel for petitioners relies on Section 3(3) ofthe Act, 2014 to pray that petitioners be allowed to continue tosquat at their respective sites.

Insupportof hissubmissions,hereliesuponthejudgment of the Supreme Court in Maharashtra Ekta HawkersUnion and Another (supra) wherein it has been held as under:-

"16. For facilitatingimplementationof the 2009Policy, we issue thefollowing directions:

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(xv) All theexisting streetvendors/hawkersoperating across the country shall be allowed tooperate till the exercise of registration and creationof vending / hawking zones is completed in terms ofthe 2009 Policy. Once that exercise is completed, theyshall be entitled to operate only in accordancewiththe orders/directionsof the concerned Town Vending

Committee."

Learned counsel for respondent-NDMCwho appears onadvance notice, states that the petitioners are not existingsquatters and are, therefore, not entitled to protectionunderSection 3(3) of Act, 2014.

Learnedcounselfor respondent-NDMCfurtherstatesthatin accordancewith the Act, 2014, petitionersshouldraise theirgrievancesbefore the Town Vending Committee (hereinafterreferred to as 'Committee').

Learned counsel for respondent-NDMC also states thatthough the Committee has been appointed, yet it is notfunctional as of today.

In rejoinder,learned counsel for petitionersvehementlydisputes the contentions advanced by learned counsel forrespondent-NDMC.

Havingheardlearnedcounselfor parties,this Courtis ofthe view that disputed questions of fact are involved in thepresentpetitions.This Court is also of the opinionthat in viewof the Act, 2014 having come into force on 4th March, 2014,the appropriateforum to decidethe lis betweenthe partiesis theCommittee.

The Act, 2014 provides for constitution of Committee

which is to conduct of all street vendors and survey existingmake the scheme for relocation.Section3(3) of the Act, 2014clearly states that no streetvendorshall be evictedor relocatedtill survey specifiedunder sub-Section(l)has been completedand the certificate of vending has been issued to all streetvendors.

Consequently,the respondent-NDMCis directedto makethe Committeefunctionalas withineightweeks. Petitionersarepermitted to file their representations with the Committeewithin period of eight weeks.

^Upon the said representationsbeing filed, the Committeeis directedto decide the same expeditiously,preferablywithinsix months.

With the aforesaiddirections,presentwrit petitionsandapplicationsare disposedof"

The learned counsel for the respondents submit that although it hadbeen stated that Committee under the Act had been constituted, however,the correct fact is that the Committee is yet to be constituted. He also pointsout that the directions have already been issued by this Court for constitutionof the Committee in time bound manner and the Committee is expected tobe functionalwithin few months.

Inthecircumstances,thepresentpetitionsandthependingapplications are disposed of in terms of the order dated 29.08.2014 passed inW.P.(C)No.5580/2014andthepetitionersarepermittedtomakerepresentationsto the Committeeas and whenconstituted.^Order dasti.

MARCH 25, 2015MK

VIBHUBAKHRU,J