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2023 Supreme(Del) 5344

SURESH KUMAR KAIT, SHALINDER KAUR
Dharmender – Appellant
Versus
New Delhi Municipal Council – Respondent


Advocates appeared:
None, for the Petitioners.
Mr.Rishikesh Kumar, ASC (GNCTD) with Ms.Sheenu Priya, Mr.Sudhir Kumar Shukla, Mr.Sudhir & Mr.Sumit Choudhary, Advocates for GNCTD.
SI Ramkesh Meena PS Connaught Place.
Mr.Vivek Narayan Sharma, ASC with Ms.Arpan Wadhawan, Asst. SC for NDMC in W.P.(C) 7943/2021.
Mr.Abhinav Bajaj, ASC with Mr.Ashish Tiwari, Asst. SC with Mr.Saksham Ojha & Ms.Geetashi Chandra, Advocates for NDMC in W.P.(C) 8290/2021 & 8504/2021.
Mr.Rachita Garg & Ms.Nishtha Sinha, Advocates for Respondent No.2/GNCTD/SHO.
Mr.Divyam Nandrajog, Panel Counsel with Mr.Mayank Kamra, Advocate for GNCTD.
Mr.Tushar Sannu & Mr.Naveen Bhati, Advocates for GNCTD.

JUDGMENT (Oral)

1. The above-captioned petitions have been filed by the petitioners praying as under:

i. Direct the respondents not to dispossess or obstruct or disturb the Petitioner in carrying on his trade from his site at opposite shop No.E-4, E-Block, Inner Circle, Connaught Place, New Delhi, in terms of section 3(3) of the street vendors {Protection of Livelihood and Regulation of Street Vending} Act 2014;

ii. to conduct the survey of the petitioner 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.

2. Since the subject-matter of all the captioned petitions is similar, therefore, these petitions are heard together and are being disposed of by this common judgment.

3. Learned counsel appearing on behalf of respondent no.1/NDMC submits that since the area in question is a `No Vending Zone' and the petitioners are unauthorized squatters/vendors who would not otherwise be permitted to operate from the concerned area, therefore, various challans have been issued by respondent no.1 against the petitioners.

4. Learned counsel appearing on behalf of respondent no.

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