Allowed

Subhash Chand v. New Delhi Municipal Council (Ndmc) & Ors.

Delhi HC6 Dec 2016W.P.(C)/11521/2016

Case brief

AI extract

What is this about?

Petitioner claimed harassment despite appearing in the eligible street vendor list. Court allowed an exemption permitting vending only at the specified site, forming an undertaking with the vendor until the final survey by the Town Vending Committee.

What did the court decide?

Exemption allowed subject to undertaking to vend only at specified site without excess area; order valid till final survey by Town Vending Committee.

Subhash Chand Vs New Delhi Municipal Council (Ndmc) & Ors. — Delhi HC (2016) — LawSathi Research

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$~19

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 11521/2016 SUBHASH CHAND ..... Petitioner Through Mr.Dharmender Sharma, Adv.

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versus

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NEW DELHI MUNICIPAL COUNCIL (NDMC) & ORS

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..... Respondents Through Mr.Sri Harsha Peechara, ASC with Mr.Mananjay Kr. Mishra, Ms.Vidhi Jain and Mr.Shailzananda Mishra, Advs. for NDMC along with Mr.Narayan Kumar, ALO. Mr.Ravi Chaturvedi, Adv. with Ms.Renu Chauhan, Adv. for R-3.

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CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL

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O R D E R % 06.12.2016

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CM No. 45379-45380/2016

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Exemption allowed subject to just exceptions.

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The applications are disposed of.

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W.P.(C) 11521/2016

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Petitioner claims to be vending at opposite Shop No.136, Sarojini Nagar Market. Petitioner also claims that his name appears at Serial No.93 in the list of 628 eligible street vendors which was submitted by the NDMC before the Supreme Court. This fact has been ascertained by the counsel for the NDMC as well. The grievance of the petitioner is that despite the name of the petitioner being in the said list, the officials of the NDMC are

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harassing him. Learned counsel for the NDMC submits that the allegations are unfounded. Mr.Peechara submits that on inspection it was found that the petitioner was vending at a site other than opposite Shop No.136, Sarojini Nagar Market. Counsel for the petitioner reiterates that the petitioner is vending only opposite Shop No.136, Sarojini Nagar Market, and is occupying 6’x4’ space and he will not vend at any other place.

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The submission made by the counsel for the petitioner would be treated as an undertaking given to the Court. Counsel for the petitioner submits that he has explained the petitioner the consequences of breach of undertaking. Mr.Sri Harsha Peechara, learned counsel for the NDMC, submits that should the petitioner carry out hawking activities only at the site so mentioned and he will not occupy excess area and follow all other norms and guidelines, he will not be disturbed. It is also made clear and agreed that this order shall remain in force till the final survey is conducted by the Town Vending Committee as per the Act.

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With these directions as prayed, the petition is disposed of.

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CM No.45381/2016 (stay)

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No further orders are required to be passed in view of the order passed in the writ petition. The application is disposed of accordingly.

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Dasti under the signatures of the Court Master to the parties.

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G.S.SISTANI, J.

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VINOD GOEL, J.

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DECEMBER 06, 2016/jitender

Subhash Chand v. New Delhi Municipal Council (Ndmc) & Ors.

Case brief

What is this about?

What did the court decide?

Subhash Chand v. New Delhi Municipal Council (Ndmc) & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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