Disposed

Ram Vati and Ors. v. South Delhi Municipal Corporation and Anr.

Delhi HC11 Jul 2018W.P.(C)/1108/2018

Case brief

AI extract

What is this about?

Petitioners, claiming to be vendors in Delhi, filed writs fearing dispossession due to announced elections for Town Vending Committees. The court disposed of petitions with agreed directions to approach the TVC, clarifying non-vending at survey time is not an automatic rejection ground, without deciding on merits.

What did the court decide?

Restoring the petitions to the Town Vending Committee to consider under law, excluding absence from site as sole ground for rejection.

Ram Vati and Ors. Vs South Delhi Municipal… — Writ and Judicial Review | Delhi HC (2018)

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Signature Not Verified Signed By:RAM DATT Signing Date:15.10.2024 16:42 Certify that the digital and physical file have been compared and the digital data is as per the physical file an d no page is missing.

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Petitioners

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W.P.(C) 1110/2018, CM APPL 4654/2018 RAKESH KUMAR RAWAT & ORS

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versus

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SOUTH DELHI MUNICIPAL CORPORATION & ANR

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Respondents

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Present Mr. V.S. Dubey, Advocate for petitioners in all matters. Mr. Sananaseemwith Mr. NaushadAhmedKhan, Advocatesfor R- 2 in item no. 15. Ms. Mini Pushkama,StandingCounselwith Ms. SwagataBhuyan & Ms. Shiva Pandey, Advocates for R-2 in item no.15. Mr. Tushar Sannu& Ms. Peehu Singh, Advocatesfor North MCD & SDMC in items no. 16 & 19. Ms. JyotiTaneja& Mr. HarshaPeechara,Advocatesfor SDMC in items no. 17 & 18. Mr. Amish Dabas, Advocate for R-2 in item no. 17. Mr. Soumya Tandon, Advocate for R-2 in item no. 18. Mr. Anjum Javed, ASC, GNCTD with Mr. DevendraKumar, Advocate for R-2 in item no.20. Mr. Amit Chadha, Advocate for SDMC. Mr. NaushadAhmed Khan, ASC (Civil), GNCTD for R-2 in item no.21. Mr. Nipun Bhardwaj, Advocate for R-1 in item no.21. Ms. Hetu Arora Sethi, ASC for GNCTD in item no.22. Ms. Rukhmini S. Bobde, Advocate for SDMC in item no.22. S.I. SatishBhati,P.S. Kalkaji. S.I. Amit Mann, P.S. DefenceColony.

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CORAM:

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HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL ORDER

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% 11.07.2018

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These petitions have been filed under Article 226 of the Constitution of India by the petitioners,who claim to be vendingat their respectivesites at R.K. Puram, Karol Bagh, Kalkaji, Green Park, E-20, Nature Basket Store, Defence Colony, G Block, Peepal Chowk, Khan Pur & New FriendsColony,New Delhi. Fear ofdispossessionhas led to the filing ofthe presentwritpetitions.

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Counsel for the petitioners submits that since the date for conducting elections have been announced for formation of the first Town Vending

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Committee(TVC), he would approach the TVC as and when it is functional and, if for any reason, the petitioners are not found squatting, that alone should not be a ground to reject their case.

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Counsel for the respondent,without admitting any of the avermentsmade in the writ petition,submitsthat should the petitionersmake an applicationwith all supporting documents before the TVC, the same would be considered in accordancewith law and merely becausethe petitionersare not found squatting, that itselfalone would not be a groundto rejectthe case of the petitioners.

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Accordingly,the writ petition is disposed of with the following agreed directions:

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(i) The petitioners will approach the TVC as and when it is functional with all supporting documents; and

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(ii) The TVC will consider the case of the petitioners in accordance with law and merely becausethe petitionersare not found vending at the site at the time of survey,that by itself would not be a ground alone to reject their case.

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We make it clear that we have not expressed any opinion on the merits of the case.

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In above terms, the writ petitions stand disposed of.

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:r. r-

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G.S.SISTANI, J

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SANGIT^HINGlp. SEHGAL, J

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JULY 11,2018 ck

Ram Vati and Ors. v. South Delhi Municipal Corporation and Anr.

Case brief

What is this about?

What did the court decide?

Ram Vati and Ors. v. South Delhi Municipal Corporation and Anr.

Case brief

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What did the court decide?

What the court decided

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