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2023 Supreme(Del) 5024

IN THE HIGH COURT OF DELHI AT NEW DELHI
Siddharth Mridul, Talwant Singh, JJ.
Rajesh – Appellant
Versus
Government of NCT of Delhi & Ors. – Respondents
W.P.(C) 7856 of 2023& CM APPL. 30289 of 2023 (for direction)
Decided On : 31-05-2023

Advocates appeared:
Mr. Ram Narayan Singh, Mr. Anand C. Shailani, Mr. Rajinder Kumar, Advocates, for the Petitioner.
Mr. Sri Harsha Peechara, ASC with Mr. Ashish Tiwari, Assistant Standing Counsel with Ms. Harshita Gupta, Mr. Sahib Patel & Mr. Shubham Kumar Mishra, Advocates, for the NDMC.
Mr. Karan Bhardwaj, ASC GNCTD.

The central legal point established in the judgment is the protection of livelihood and regulation of street vending under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014.

Headnote:

Writ Petition - Street Vendors - The court partly allowed the writ petition and directed the Town Vending Committee to consider the petitioner's representation during the conduct of the current survey.

Fact of the Case:

The petitioner filed a writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus or any other appropriate writ to prevent dispossessing or obstructing the petitioner from carrying on trade as a street vendor.

Finding of the Court:

The court partly allowed the petition and directed the Town Vending Committee to consider the petitioner's representation during the conduct of the current survey, in accordance with the law.

Issues: The issues involved the protection of livelihood and regulation of street vending under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014.

Ratio Decidendi: The court's decision was influenced by the provisions 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.

Final Decision: The court partly allowed the writ petition and directed the Town Vending Committee to consider the petitioner's representation during the conduct of the current survey.

JUDGMENT

Siddharth Mridul, J. (Open Court)--The present writ petition under Article 226 of the Constitution of India, has been instituted on behalf of the petitioner, praying as follows:

    "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to issue a writ of mandamus or any other appropriate writ, or direction:

    A. Direct the Respondents not to dispossess or obstruct or disturb the Petitioners in carrying on his trade from his site i.e. Near Gate No. 3, Palika Bazar, Connaught Place, or any other alternative site in the Connaught place area, New Delhi-110001, in terms of section 3(3) of the street vendors {Protection of Livelihood and Regulation of Street Vending} Act 2014 and;

    B. Direct the Respondents/Town Vending Committee to conduct the survey of the Petitioner within time bound manner and to issue certificate of vending in favour of the Petitioner as per the provisions of the Street Vendors (Protection of livelihood and regulation of Street Vending) Act 2014.

    Any other relief which this Hon'ble Court may deem fit and proper, may be granted in favour of the Petitioner, keeping in view overall facts and circumstances and also in the interest of justice."

2. Issue notice.

3. Mr. Karan Bhardwaj, learned Additional Standing Counsel accepts notice on behalf of the respondent No. 1 and 3/GNCTD. Mr. Sri Harsha Peechara, learned Standing Counsel accepts notice on behalf of the NDMC/Respondent no. 2.

4. Mr. Ram Narayan Singh, learned counsel appearing on behalf of the petitioner, limits the relief to a direction to the Town Vending Committee (TVC), to consider the petitioner's representation dated 25.05.2023, annexed as Annexure P-3 to the present writ petition, in accordance with law, expeditiously.

5. Learned counsel appearing on behalf of the GNCTD states that the survey to be conducted by the duly constituted Town Vending Committee, shall commence forthwith, in accordance with the provisions 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.

6. Learned counsel appearing on behalf of the NDMC states, that they shall render assistance, as may be required by the GNCTD, in this behalf.

7. Directed accordingly.

8. No further relief is prayed for.

9. In view of the foregoing, the present writ petition is partly allowed, and disposed of with a direction to the Town Vending Committee, to consider the petitioner's representation dated 25.05.2023, in accordance with law, during the conduct of the current survey.

10. The pending application also stands disposed of.

11. A copy of this judgment be uploaded on the website of this Court.

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