W.P.(C)/4939/2016 of AMIT SUKHIJA & ANR Vs NORTH DELHI MUNICIPAL CORPORATION & ORS

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(C) 4939/2016 & C.M. No.20548/2016 AMIT SUKHIJA & ANR

..... Petitioner

Through Mr.Gouri K.Mohanti and Ms.Anu Gupta, Advocates

versus

NORTH DELHI MUNICIPAL CORPORATION & ORS

..... Respondents Through Mr.Gaurang Kanth, Advocate for R-1.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR O R R% 26.07.2016

There are two petitioners before this court. They are aggrieved by the communication dated 13.5.2016 wherein they has been asked to back to their original site which as per the communicated dated 13.5.2016 is Gandhi Vihar.

Contention of the petitioner is that the originally they were granted site at Vijay Vihar but due to Common Wealth Games, 2010 they were removed to be relocated at Gandhi Vihar. Submission is that no possession at Gandhi Vihar was given. The petitioners under orders passed by the Deputy Commissioner were thereafter shifted to Hindu Rao Hospital which was in the year 2015. Contention is that they were peacefully carrying out their vending there when they were illegally removed. The Authorised Representative of both the petitioners is present in Court. He is the

uncle of petitioner no.1 and brother-in-law of petitioner no.2. He candidly admits that since last 5-6 months the petitioners are not carrying out any work. He was removed from the site at Hindu Ram Hospital. Additional submission of the learned counsel for the petitioners is that they are adequately protected under Section 3(3) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014

Admittedly, qua respondent no.1 Town Vending Committee (TVC) has not yet been constituted. Petitioners are directed to approach the TVC as and when it is so constituted and it shall answer the grievance of the petitioner in accordance with law.

Petition disposed of.

JULY 26, 2016 ndn

INDERMEET KAUR, J