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2006 Supreme(Del) 1069

MUKUL MUDGAL, S.N.AGGARWAL
CITIZENS FOR JUSTICE – Appellant
Versus
LT. GOVERNOR (NCT) DELHI – Respondent


Advocates Appeared:
ANOOP BAGI, Jatan Singh, K.C.DIVAN, M.K.SINGH, PRATIBHA SHARMA


S. N. AGGARWAL, J.


( 1 ) 1. The petitioner-Society has filed this writ petition seeking a writ of prohibition against the respondents restraining them from giving effect to the letter of the Senior Architect (respondent No. 4) dated 15. 5. 2006 creating 64 locations for hawkers space (beach umbrella type) of size 1. 0mt x 1. 8mt at district Centre, Nehru Place, New Delhi.

( 2 ) THE contention of the counsel for the petitioner is that the respondents themselves have declared the District Centre, Nehru Place, as zero tolerance zone and, therefore, they cannot allow the hawkers to encroach the said area under the garb of sites created for them vide impugned letter of their senior Architect referred to above. We find no force in this contention. The location for hawkers have been created by the respondents not on any area belonging to the shop owners at District Centre, Nehru Place, but on public land with which they have no direct connection. Furthermore, there is no conflict between a no tolerance zone and a regulated and designated area for hawkers.

( 3 ) THE petitioner cannot be heard to say that its fundamental right has been impinged by any means by creation of sites for the ha

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