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2016 Supreme(Del) 4615

S.RAVINDRA BHAT, DEEPA SHARMA
Bhola Ram Patel – Appellant
Versus
New Delhi Municipal Council – Respondent


Advocates Appeared:
Mr. Bhola Ram Patel, appellant in person in LPA 136/2016. Mr. Viraj R. Datar, Advocate for appellants in LPA 233/2016 & LPA 303/2016. Mr. S.K. Tripathi, Advocate for appellants in LPA Nos. 256/2016, 305/2016, 310/2016 & 312/2016. Mr. B.B. Sahni, Sr. Advocate with Ms. Indra Sahni and Mr. Aditya Shandilya, Advocates for petitioner in LPA 281/2016. Mr. Kirti Uppal, Sr. Advocate with Mr. Shekhar Kumar, Ms. Wamika Trehan and Ms. Aastha Dhawan, Advocates for petitioners in LPA 286/2016. Mr. Kirti Uppal, Sr. Advocate with Mr. Aman Bhalla, Advocate for petitioners in LPA 291/2016 & 292/2016. Mr. Kirti Uppal, Sr. Advocate with Mr. S.K. Tripathi and Ms. Aastha Dhawan, Advocate for petitioners in 245/2016. Mr. S.K. Tripathi, Advocate for petitioners in LPA Nos. 305/2016, 310/2016 & 312/2016. Ms. Daggar Malhotra, Advocate for petitioner in LPA 315/2016.
Mr. Sriharsha Peechara with Mr. Mananjay Mishra, Advocates for NDMC in all appeals. Mr. Satyakam, Additional Standing Counsel for Govt. of NCT of Delhi, in all appeals. Mr. Ashish Mohan, Advocate for Palika Bazar Shop Keepers Association.

S. Ravindra Bhat, J. (Oral)

1. Issue notice in LPA 303/2016, 305/2016, 310/2016, 312/2016 & 315/2016. Mr. Harsha Peechara, Advocate appears for the New Delhi Municipal Council (hereafter referred to as "NDMC") and Mr. Satyakam, Advocate who appears for Govt. of NCT of Delhi accepts notice for it. In all other appeals, notices had been issued previously. With consent of the counsel for the parties all these matters have been taken up for hearing.

2. The common question which arises for consideration in these appeals, is the true interpretation of Sections 3 and 4 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereafter called "the Act"). This enactment appears to be the first legislative measure to secure livelihoods of urban street vendors in public spaces in the cities and towns in India and at the same time, outlining the regulatory concerns which municipal and local authorities are to keep in mind, while ensuring that the members of the general public are not inconvenienced. In one sense, the Act is a first as far as it gives effect to the right to livelihood of street vendors, which had been declared by the Constitution Bench of the S

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