W.P.(C) 8066/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 21.09.2021

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W.P.(C) 8066/2021 and CM Appl. 32736/2021

REDI PATRI FOOTPATH VIKRATA

EKATA MUNCH AND ORS.

.....Appellant

Through:

Mr. N.K. Sahoo, Advocate

versus

SOUTH DELHI MUNICIPAL CORPORATION AND ORS

.....Respondents

Through:

Mr. Tushar Sannu, Standing Counsel

with Ms. Ankita Bhadouriya&Mr.Subham Jain,

Advocates for the respondent No.1/SDMC with

Bhagirath Pandit, Licensing Officer, SDMC,

Mr. Naushad Ahmed Khan, ASC Civil GNCTD for

Respondent No. 2 and 3 with Mr. Zahid, Ms.

Manisha Chauhan, Advs.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

HON'BLE MR. JUSTICE JASMEET SINGH

JASMEET SINGH, J. (ORAL)

1.

The present petition has been filed by the petitioner No. 1, Society

espousing the cause of squatters and vendors. Petitioner No.1 is a society

registered under the Societies Registration Act, having its office atNo. A-

138, Gali No -5, Sonia Vihar, New Delhi. Petitioner Nos. 2 to 37 are the

members of petitioner No.1. The petition has been filed by the petitioners

seeking the following prayer:

a)

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002182

W.P.(C) 8066/2021

b)

this Hon‟ble Court deem fit and proper in the interest of justice.

2.

The case set up by the petitioners in a nutshell is that petitioner No. 2

to 37, have been squatting on their respective places of squatting, being

fixed site at Sethi Chowk and SatarajRaj Park of Central Market, Lajpat

Nagar, Pushpa Market, New Delhi. They have been eking out their

livelihood and making the ends meet of their families and dependents by

doing small trade from their respective places of squatting at Sethi Chowk,

Shakti Raj Park, Central Market, Lajpat Nagar and Pushpa Market, New

Delhi. Their places of squatting are neither causing any hindrance nor

obstructing the transit of the general public. Petitioner Nos. 2 to 33 have

been squatting at their respective sites for periods ranging from 12 to 20

years and, in fact, some of the petitioners are members of the “Eyes and Ears

Scheme” floated by Delhi Police to provide information regarding

unattended objects and the movements of suspicious and unidentified

persons in the locality.

3.

On 05.03.2014, the Streets Vendors Act, 2014 came into force. The

Act provides that Town Vending Committee shall after conducting a survey,

recommend for declaration of an area as a vending and/or a non-vending

zone. The broad principles to be followed by the Local Authority- while

preparing a Street Vending Plan u/s 21 of the Act, for declaring a

vending/non-vending zone under the First Schedule of the Street Vendors

Act, 2014 are:

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002182

W.P.(C) 8066/2021

“ THE FIRST SCHEDULE

PLAN FOR STREET VENDING

(1) ……………..

(2) ………………

street vending, subject to the following principles, namely:—

a)Any existing market, or a natural market as identified

under the survey shall not be declared as non-

vendingZone;

displace the minimum percentage of street vendors;

c)Overcrowding of any place shall not be a basis for

declaring any area as non-vending zone provided that

restriction may be placed on issuing certificate of vending

in such areas to persons not identified as street vendors in

the survey.

future growth, by adopting such norms as may be necessary;

e) Till such time as the survey has not been carried out and

the plan for street vending has not been formulated, no zone

shall be declared as no vending zone.”(emphasis supplied)

4.

On 17.09.2019, the Town Vending Committee-1, Central Zone was

constituted as per Gazette notification and petitioner No. 1 was nominated as

a member of Town Vending Committee-1(hereinafter called TVC-1).

5.

On 07.08.2020, the Ministry of Housing and Urban Affairs announced

a loan scheme for squatters and hawkers affected due to COVID-19. The

PM Street Ven