W.P.(C)/6886/2024 of DEEPAK JAIN Vs GOVERNMENT OF NCT OF DELHI AND ORS
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- > picture [72 x 72] intentionally omitted <== (PETITIONER)
- GOVERNMENT OF NCT OF DELHI AND ORS (RESPONDENT)
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* IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(C) 6886/2024DEEPAK JAIN & ANR ..... Petitioners Through: Ms. Kawalpreet Kaur and Mr. Nayab Gauhar, Advs.
versus
GOVERNMENT OF NCT OF DELHI AND ORS ..... Respondents Through: Mr. Varun Chandiok, Ms. Anubhi Goyal and Mr. Alok Kumar, Advs. for MCD.
Ms. Avni Singh, Adv. for Delhi Police.
CORAM:HON'BLE MR. JUSTICE VIBHU BAKHRUHON'BLE MS. JUSTICE TARA VITASTA GANJUO R R14.05.2024
1. The petitioners (2 in number) have filed the present petition claiming to be street vendors carrying on their respective vending activities in the area of Chandni Chowk Patri, City-SP Zone, Ward-N-90, Delhi-110006, inter alia, praying that they be allowed to carry on their vending activities without any hindrance by the public officials. They further pray that directions be issued to the Town Vending Committee (TVC) to amend their Certificates of Vending (COV). The details of the petitioners as set out in the petition are reproduced below:
2. Issue Notice. The learned counsel for the respondents accepts notice.
The learned counsel for the MCD submits that, at the present stage, the petitioners have been issued interim COVs. They have not been allocated any specific site and, therefore, cannot claim any right to carry on vending activities from fixed place. He submits that the COVs carry specific stipulation that the street vendors would not carry on their vending activities from fixed place for more than 30 minutes or such time as may be fixed by the TVC. He further states that after survey is completed, the second TVC will consider the question of whether any fixed site can be allocated to the street vendors in accordance with the vending plan that may be framed by the local authority in consultation with the TVC.
3.The learned counsel appearing for the petitioners submits that the petitioners would be satisfied, if at present, directions are issued to permit the petitioners to carry on vending activities strictly in accordance with the terms and conditions of COVs, till fresh decision in this regard is taken by the second TVC. The learned counsel for the MCD has no objection to the said prayer.
4.In view of the above, the present petition is allowed to the limited extent as set out above. The respondents are restrained from interfering with the vending activities carried out by the petitioners provided that the petitioners strictly comply with the terms and conditions of their COVs.
5.The petition is disposed of in the aforesaid terms.
VIBHU BAKHRU, J
TARA VITASTA GANJU, JMAY 14, 2024/rClick here to check corrigendum, if any