Avinash Kumar v. South Delhi Municipal Corporation & Anr.

$~52

• IN THE HIGH COURT OF DELHI AT NEW DELHI

• • W.P.(C) 1129/2016 AVINASH KUMAR ..... Petitioner

Through : Mr. Satish Kumar Tripathi, Adv. versus

SOUTH DELHI MUNICIPAL CORPORATION & ANR ..... Respondents Through : Mr. Rajan Tyagi, Adv. for SDMC/R-1 Mr. Naresh, License Inspector in person. Mr. Manu Padalia, Adv. for Mr. Ankur Chhibber, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK O R D E R % 12.02.2016

Petitioner has alleged that he is squatter/vendor at front/side wall of House Shop No.H-2, Green Park, Main Market, New Delhi. Petitioner alleges that Town Vending Committee under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for short, ‘the Act’) has yet not been constituted, but respondents are removing him from his hawking site. It is contended that under Section 3(3) of the Act, protection is granted to the street vendors from eviction, till survey is done and petitioner is relocated. It is prayed that respondents be restrained from removing the petitioner from his respective hawking site.

It may be noted that various factual aspects have to be considered in such like matters. Whether petitioner is squatting at the place, which he alleges to have been squatting is one of the important factors to be considered. Whether the said vending activity causes any obstruction in the free movements on the streets/pavements by the pedestrians and/or vehicles; is another factor to be considered. Security perspective has also to be kept in mind. All these questions can be ascertained by the concerned authority under the Act.