Delhi High Court - Orders
Vijay Pal vs Govt. Of Nct Of Delhi & Ors on 22 January, 2024
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 951/2024 & CM Appls.3920-21/2024
VIJAY PAL ..... Petitioner
Through: Mr. Brajesh Pandey, Mr. Manish
Kumar Vikkey and Ms. Kanchan
Kumar Jha, Advs.
versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Divyam Nandrajog, Panel
Counsel, GNCTD with Mr. Mayank
Kamra, Adv. for R-1 and 3.
Mr. Mahender Shukla, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 22.01.2024
1. The petitioner has filed the present petition inter-alia praying as under:
"Issue writ of Mandamus or any other appropriate writ or order directing the Respondent No.2 and 3 not to dispossess or obstruct or disturb the Petitioner in carrying on his trade from his respective squatting sites i.e. Budh Vihar, Monastery Market, Kashmiri Gate, City SP Zone, Ward No.83, Delhi i.e. Fast Food and foods Items 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"
2. The petitioner claims that he has been squatting at Budh Vihar, Monastery Market, Kashmiri Gate, City SP Zone, Ward No.83, Delhi i.e. Fast Food and foods Items. Although, the prayer in the petition does not 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 25/01/2024 at 20:46:47 precisely state the same, it appears that the petitioner apprehends that he would not be included in the survey.
3. In so far as the petitioner's apprehension regarding being excluded from the survey is concerned, the learned counsel appearing for the respondents submits that in terms of paragraph 1.1.12 of the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme 2019, all persons claiming to be street vendors would be provided an opportunity to submit evidence in support of their claim that they were engaged in street vending. He submits that this would be irrespective of whether a street vendor has been found at the given site.
4. In view of the above statement, the petitioner's apprehension that he would be excluded from survey is clearly addressed.
5. In so far as the petitioner's claim that he be permitted to squat at Budh Vihar, Monastery Market, Kashmiri Gate, City SP Zone, Ward No.83, Delhi i.e. Fast Food and foods Items is concerned, this Court cannot pass any such orders at this stage as the issue, whether he has been squatting at the given site is required to be determined by the concerned authority.
6. The petition is accordingly, disposed of. Pending applications stand closed.
VIBHU BAKHRU, J TARA VITASTA GANJU, J JANUARY 22, 2024/r Click here to check corrigendum, if any 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 25/01/2024 at 20:46:47