The court directed the NDMC and Delhi Police to allow the petitioner to operate from his tehbazari site between 8.00 AM and 9.00 PM without harassment, distinguishing from a Supreme Court case regarding MCD services.
Tehbazari site to remain open between 8.00 AM and 9.00 PM without harassment; goods to be returned without penalty.
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Signature Not Verified Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data i s as p er the physical file and no page is missing.
In terms of the aforenoted order dated 03.5.2011 till the time a formal policy has been adopted by the NDMC interim protection has been granted to the petitioner and he has been permitted to operate from his tehbazari site. The only dispute is about the time within which the petitioner is permitted to operate from this site. Learned counsel for the petitioner has pointed out that in a judgment of the Supreme Court delivered on 17.5.2007 in Writ Petition No.1699/1987 titled Sudhir Madan & Drs. Vs. MCD & Drs. in the case of MCD the time had been fixed for the operation of the tehbazari/vending sites between 8.00 AM to 9.00 PM. In the first instance the counsel for respondent nO.3 had an apprehension that there would be a security problem as the period up to 9.00 PM is on the longer side; however it is not in dispute that the NDMC area which is the area of the petitioner in dispute is a well lit area. It is also not in dispute that under the Shops and Establishments Act, 1948 the shopkeepers at their option are permitted to keep their shops open up to 11.00 PM.
It is accordingly directed that the tehbazari/vending site will remain open between 8.00 AM to 9.00 PM; the respondents i.e. NDMC along with Delhi Police shall not cause any harassment to the petitioner who is permitted to operate from his site in the manner permitted to him in terms of the order of this Court dated CONT CAS(C) No.456/2011 Page 2 of 3
03.5.2011. Goods if any ceased of the petitioner shall be returned back to the petitioner without penalty. No further orders are called
for. Petition also pending application is disposed ?f
Copy of this order be given dasti under th signature of the Court Master.
INDERMEET KAURI J.
JULY 06 1 2011 nandan
CONT CAS(C) No.456/2011
Page 3 of 3
1 issue framed by the court
Whether the petitioner is permitted to operate from his tehbazari site between 8.00 AM and 9.00 PM without harassment.
Colour shows how this judgement treated each authority
Writ Petition No.1699/1987 _Sudhir Madan_ & _Drs. Vs. MCD & Drs._Referred¶2
1 provisions across 1 enactments
Petitioner
NDMC
Delhi Police
Indermeeet Kauri J.
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
