Delhi High Court - Orders
Sh Kuldeep Singh Sahani & Ors vs Government Of Nct Of Delhi & Ors on 19 December, 2024
Author: Yashwant Varma
Bench: Yashwant Varma, Dharmesh Sharma
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9928/2021
SH KULDEEP SINGH SAHANI & ORS. .....Petitioners
Through: Mrs. Kajal Chandra and Mr.
Hatneimawi, Advs.
versus
GOVERNMENT OF NCT OF DELHI & ORS.
.....Respondent
Through: Ms. Puja S. Kalra, Standing
Counsel with Mr. Virendra
Singh, Adv. for MCD
alongwith Mr. Lokesh Kumar,
South Zone
Mr. Mananjay Mishra, Adv. for
NDMC
Mr. Arjun Pant, Adv. for DDA
Ms. Monika Arora, Ms.
Radhika Kurdukar and Mr.
Subhrodeep Saha, Advs. for
UOI
Ms. Renu, Ms. Shivani Verma,
Mr. Kamlesh Kumar Mishra
and Mr. Prem Shankar Jha,
Advs. for applicants in CM
APPL. 73036/2024, CM APPL.
73282/2024, CM APPL.
73323/2024, CM APPL.
74727/2024
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE DHARMESH SHARMA
ORDER
% 19.12.2024 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/12/2024 at 07:16:34 CM APPL. 73036/2024 (For release of confiscated goods)
1. The applicant-Prasadi Bawaria is constrained to approach this Court consequent to a seizure of articles which has been made by the New Delhi Municipal Council ["NDMC"].
2. From the disclosures which are made in paragraph 4 of the application, we are informed that the officials of the NDMC had confiscated a bag containing approximately 125 jeans and pants.
3. Although learned counsel representing the said respondent draws our attention to Section 19 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 ["Act"] and an asserted liability of the applicant to pay charges subject to which the goods may be released, we find ourselves unable to countenance that submission bearing in mind the following.
4. Undisputedly, the applicant had not been placed on notice to vacate and which is the precursor for Section 19 of the Act to be triggered and come into effect. In that view of the matter, we find no justification in the argument of the NDMC that it is liable to collect a fine in terms of the seizure that was made.
5. We, accordingly, allow the instant application and direct the NDMC to release the goods that were confiscated from the person of the applicant, subject to the applicant furnishing an undertaking that he shall carry on his activities strictly in accordance with the terms of the vending licence or permission granted.
6. The application stands disposed of CM APPL. 73282/2024 (For release of confiscated goods); CM APPL. 73323/2024 (For release of confiscated goods); CM APPL. 74727/2024 (For release of confiscated goods) This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/12/2024 at 07:16:34
7. We direct learned counsel for the applicant to provide a copy of the application to Ms. Kalra, learned counsel who represents the Municipal Corporation of Delhi ["MCD"] before this Court.
8. In order to allow Ms. Kalra obtain instructions in respect of the allegations which are made, let these applications be called again on 07.01.2025.
YASHWANT VARMA, J.
DHARMESH SHARMA, J.
DECEMBER 19, 2024 sp This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/12/2024 at 07:16:35