Delhi High Court - Orders
Chaudhary Chet Ram Thok Vegetable And ... vs Apmc & Anr on 20 January, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~51 & 54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 753/2023 & CM APPLs. 2935/2023, 2936/2023
CHAUDHARY CHET RAM THOK VEGETABLE AND FRUIT
SELLER ASSOCIATION ..... Petitioner
Through: Mr. Sumit Gaba, Advocate.
versus
APMC & ANR. ..... Respondents
Through: Mrs. Avnish Ahlawat, Mr. Nitesh
Kumar Singh, Ms. Laavanya Kaushik
& Ms. Aliza Alam, Advocates (M-
9810134741)
AND
+ W.P.(C) 768/2023 & CM APPLs. 2989/2023, 2990/2023
SABZI MANDI COMMISSION AGENTS WELFARE
ASSOCIATION ..... Petitioner
Through: Mr. Sumit Gaba, Advocate.
versus
A.P.M.C. & ANR. ..... Respondents
Through: Mrs. Avnish Ahlawat, Mr. Nitesh
Kumar Singh, Ms. Laavanya Kaushik
& Ms. Aliza Alam, Advocates.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 20.01.2023
1. This hearing has been done through hybrid mode.
2. The Petitioners in these petitions are two associations, namely, Chaudhary Chet Ram Thok Fruit and Vegetable Mandi Seller Association, and Sabzi Mandi Commission Agents Welfare Association consisting of Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:23.01.2023 16:03:10 allottees of various shops at APMC, Keshopur, New Delhi. The case of the Petitioners is that they have been selling fruits and vegetables for more than 20 years at the APMC's Keshopur Mandi now. By way of the present petition, the Petitioners seek directions restraining demolition of shops at Keshopur Mandi.
3. It is submitted by ld. Counsel for the Petitioners that in December, 2022, action has been taken by the APMC to remove their shops and there is no consistent policy being followed by the APMC. A show cause notice dated 30th December, 2022 issued by the APMC to this effect is relied upon. Thus, directions for staying of the demolition is sought by the Petitioners.
4. Ms. Ahlawat, ld. Counsel appearing for the APMC submits that the action is being taken in terms of order dated 2nd December, 2022 passed in W.P.(C) 16557/2022 titled Keshopur Sasbzi Mansi Aadti Association v. Agriculture Produce Marketing Committee.
5. Heard. A perusal of the order dated 2nd December, 2022 passed by this Court sought to be relied upon by the Respondents shows that the directions given by this Court are in respect of consideration of the complaints and decision to be taken by the APMC. Further, it was directed that the illegal parking of vehicles would not be allowed and the entire area be maintained in an orderly manner. The said order is set out below:
"1. This hearing has been done through hybrid mode.
2. The Petitioner - Keshopur Sabzi Mandi Aadti Association has filed the present petition seeking directions to the Respondent No.1 - Agriculture Produce Marketing Committee (APMC) to remove illegal and unauthorized encroachments in the Keshopur Subzi Mandi area.Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:23.01.2023 16:03:10
3. The Petitioner is an association for welfare of vendors/shopkeepers in Keshopur Sabzi Mandi, Tilak Nagar, New Delhi-110018. It is the case of the Petitioner that it has made several representations to the Delhi Police to remove unlawful and unauthorized encroachment but the Respondent No. 2 - SHO, PS Tilak Nagar, New Delhi has failed to discharge its duties.
4. Ld. counsel for the Petitioner has pointed out certain photographs which show crowding in the area to point out that the APMC ought to take proper steps to ensure that the vendors are allowed to put their carts in an orderly manner.
5. Ms. Ahlawat, ld. Counsel submits that the complaints shall be considered by the APMC and directions shall be issued.
6. Accordingly, let the complaints be considered and orders be passed for proper resolution of the complaints within eight weeks. It is directed that the illegal parking of vehicles shall also not be permitted by the APMC.
7. APMC shall communicate its decision to the Respondent No. 2 the local SHO of the police station, so that proper action can be taken in accordance with the final orders passed by the APMC.
8. With these observations this writ petition is disposed of.
9. All pending applications are disposed of."
6. The Court has perused the photographs placed on record by the Petitioners in the present petitions. It is clear from the photographs that insofar as the allotted shops are concerned, the space where the produce is to be kept for exhibition and sale, by the shopkeepers is clearly demarcated. Ld. counsel for the Petitioners submits that it is only when vehicles come and there is unloading of fruits and vegetables produce that the pavements, etc. get occupied.
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:23.01.2023 16:03:107. It is made clear that the genuine allottees of shops at the Mandi would not be disturbed by way action taken in pursuance of the order dated 2nd December, 2022. However, this is subject to the condition that the allottees of shops restrict the keeping of their produce within the shop area alone and do not encroach into the public area.
8. The allottees shall also ensure that no third parties are permitted to use the space allotted to them.
9. If there is any shed area created by the genuine allottees within the space allotted to them, the said sheds would not be removed.
10. The petitions are disposed of in these terms. All pending applications are also disposed of.
PRATHIBA M. SINGH, J.
JANUARY 20, 2023 Rahul/SK Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:23.01.2023 16:03:10