Court directed NDMC and Delhi Police not to harass petitioners operating from specified vending sites between 8:00 AM and 9:00 PM, aligning with a Supreme Court precedent.
NDMC and Delhi Police directed not to harass petitioners; seized goods to be returned without penalty.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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.
from these sites. Learned counsel for the petitioners 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 & Ors. Vs. MCD & Ors. 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 petitioners 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 sites 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 petitioners who are permitted to operate from their respective sites in the manner permitted to them in terms of the order of this Court dated 25.5.2011. Goods if any ceased of the petitioners shall be returned back to the petitioners without penalty. No further orders are called for. Petition is disposed of.
Copy of this order be given dasti under the ignature of the
Court Master.
INDERMEET KAUR, J.
JULY 06, 2011/nandan CONT CAS(C) No.464/2011
Page 2 of2
2 issues framed by the court
Whether petitioners should be permitted to operate tehbazari/vending sites without harassment.
Whether goods of petitioners seized in breach of previous order should be returned without penalty.
Colour shows how this judgement treated each authority
Sudhir Madan & Ors. Vs. MCD & Ors.Referred¶3
Writ Petition No.1699/1987 titled Sudhir Madan & Ors. Vs. MCD & Ors.
1 provisions across 1 enactments
petitioners
NDMC
Delhi Police
INDERMEET KAUR
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
