Delhi High Court - Orders
Yashwant Kumar Chauhan vs Govt Of Nct Of Delhi & Ors on 19 April, 2023
Author: Siddharth Mridul
Bench: Siddharth Mridul
$~S-40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4934/2023, CM APPL. 19066/2023 (for interim relief)
& CM APPL. 19067/2023 (Exemption)
YASHWANT KUMAR CHAUHAN ..... Petitioner
Through: Mr. Manish Kumar Vikkey and
Mr. Brajesh Pandey, Advocates.
versus
GOVT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Divyam Nandrajog,
Panel Counsel along with Mr.
Mayank Kamra, Advocates for R-
1 & R-3/GNCTD.
Ms. Puja Kalra, Standing Counsel
along with Mr. Virendra Singh,
Advocate for R-2/MCD.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 19.04.2023 The present writ petition under Article 226/227 of the Constitution of India, has been instituted on behalf of the petitioner, praying as follows:-
"In view of the above, it is most respectfully prayed that this Hon'ble Court may be graciously be pleased to :
(a) Issue writ of Mandamus or any other appropriate writ or order directing the Respondents not to dispossess or obstruct or disturb the Petitioner in carrying on his trade from his respective squatting sites i.e. Budh Signature Not Verified Digitally Signed W.P.(C) 4934/2023 Page 1 of 3 By:AANCHAL TAGGAR Signing Date:26.04.2023 11:49:12 Vihar, Monastery Market, Kashmiri Gate, City SP Zone, Ward No.83, Delhi in terms of section 3(3) 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; and
(b) Pass any other order or directions in favour of the petitioner which this Hon'ble Court may deem fit and proper, keeping in view overall facts and circumstances and also in the interest of justice."
Issue notice.
Mr. Divyam Nandrajog, learned Panel Counsel accepts notice on behalf of the respondent Nos. 1 and 3 and Ms. Puja Kalra, learned counsel accepts notice on behalf of the respondent No. 2.
Learned counsel appearing on behalf of the MCD, has handed-up in the Court today, the terms and conditions, permitting the petitioner to vend. Let the same be taken on the record.
It is an admitted position that, pursuant to the survey carried by the Town Vending Committee (TVC), Mr. Yashwant Kumar Chauhan, has been issued a certificate of vending dated 07.11.2021, URI:
6373520, which is annexed as Annexure P-2, to the present writ petition.
In view of the foregoing, learned counsel appearing on behalf of the petitioner, limits the relief in the present writ petition, to a direction to the Municipal Corporation of Delhi, to permit Mr. Yashwant Kumar Chauhan to continue to vend within City-SP Zone, Ward-83-N, scrupulously and strictly in compliance with the terms and conditions of the said certificate of vending and in accordance with law.Signature Not Verified Digitally Signed W.P.(C) 4934/2023 Page 2 of 3 By:AANCHAL TAGGAR Signing Date:26.04.2023 11:49:12
In view of the foregoing, the present writ petition is partly allowed; and the Municipal Corporation of Delhi is directed to permit Mr. Yashwant Kumar Chauhan, to vend within City-SP Zone, Ward- 83-N, subject to the terms and conditions of the said certificate of vending dated 07.11.2021, without let or hindrance.
No further directions are prayed for.
With the above directions, the writ petition is disposed of accordingly. The pending applications also stand disposed of.
A copy of this order be uploaded on the website of this Court.
SIDDHARTH MRIDUL, J TARA VITASTA GANJU, J APRIL 19, 2023/rs Click here to check corrigendum, if any Signature Not Verified Digitally Signed W.P.(C) 4934/2023 Page 3 of 3 By:AANCHAL TAGGAR Signing Date:26.04.2023 11:49:12