Disposed

Mukesh Bawariya v. Government of NCT Delhi & Ors.

Delhi HC25 Jan 2024W.P.(C)/1132/2024

Case brief

AI extract

What is this about?

Street vendor alleged repeated removal by NDMC from his Sarojini Nagar vending site despite claims under the Street Vendors Act. NDMC stated he was not on the protected list and that a Town Vending Committee survey would be conducted. The court declined the relief sought but directed the TVC to consider his representation dated 15.01.2024.

What did the court decide?

TVC directed to consider petitioner's representation dated 15.01.2024; petitioner at liberty to furnish documents during the survey.

Mukesh Bawariya Vs Government of NCT Delhi & Ors. — Delhi HC (2024) — LawSathi Research

¶1

$~33

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 1132/2024 CM APPL. 4769/2024 MUKESH BAWARIYA ..... Petitioner

¶4

Through: Mr. Rajvinder Kumar, Adv. versus

¶5

GOVERNMENT OF NCT DELHI & ORS. ..... Respondents Through: Mr. Mohit Bhardwaj, Panel Counsel, GNCTD for R-1 & R4. Mr.Chetanya Singh, ASC for NDMC.

¶6

CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU O R D E R % 25.01.2024

¶7

The petitioner has filed the present petition, inter alia, praying as under:

¶8

“A. Direct the Respondents not to dispossess or obstruct or disturb the Petitioners in carrying on his trade from his site i.e. Near Mother Dairy, Sarojini Nagar Market, Sarojini Nagar, New Delhi-110023 of section 3(3) of the street vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 and;

¶9

B. Direct the Respondents/Town Vending Committee to consider the representation dated 15.01.2024 of the Petitioner and conduct the survey of the Petitioner within time bound manner and to issue certificate of vending in favour of the Petitioner as per the provisions of the Street Vendors (Protection of livelihood and regulation of Street V ending) Act 2014, The Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2017 and The Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and Regulation of Street V ending) Scheme 2019.”

¶10

The petitioner claims that he was selling permissible goods from a vending site described as ‘near Mother Dairy Chowk, Sarojini Nagar Market, Sarojini Nagar, New Delhi-110023’. He alleges that the officials of the New Delhi Municipal Council ( NDMC ) have on a number of occasions removed him from the site and thrown away his goods. He states that his

¶11

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/06/2024 at 11:58:56

¶12

goods have also been confiscated from time to time.

¶13

According to NDMC, the petitioner is not permitted to vend at the said site. It is stated that the petitioner’s name did not feature in the list of 628 unauthorised vendors who were operating at the relevant time and are covered by protective orders passed by this Court.

¶14

Learned counsel for the respondents submit that there are a large number of street vendors who claim that they are entitled to vend from sites located in Sarojini Nagar, however, the capacity of market is insufficient to support such large numbers of vendors.

¶15

The learned counsel for the respondents state that a survey would be conducted shortly by the Town Vending Committee ( TVC ).

¶16

In view of the above, relief as sought by the petitioner cannot be granted.

¶17

We direct that the concerned TVC shall consider the petitioner’s representation dated 15.01.2024, a copy of which is annexed to this petition. The petitioner will also be at liberty to furnish appropriate documents during the course of the survey.

¶18

The petition is disposed of in the aforesaid terms. All pending application(s) stand disposed of.

¶19

VIBHU BAKHRU, J

¶20

TARA VITASTA GANJU, J

¶21

JANUARY 25, 2024 M/SA

¶22

Click here to check corrigendum, if any

¶23

Mukesh Bawariya v. Government of NCT Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Mukesh Bawariya v. Government of NCT Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Government of NCT of Delhi & Ors. Vs Subhash Chander Garg & Anr.

Diwan Singh and Ors. Vs Delhi Society for Prevention of Cruelty to Animals Dspca and Anr.

Shreya Suman Vs Punjab and Sind Bank and Others

Sunil Kumar and Ors. Vs Govt of NCT of Delhi and Ors.

Union of India & Ors. Vs Ajay Mohan Joshi Ors.

Vashulinga Finance Private Ltd. Vs Assistant Commissioner of Income Tax Circle 25 1

Swami Contractors Pvt. Ltd. Vs MCD and Others

Sandeep Kasana Vs Municipal Corporation of Delhi and Others

Airorts Authority of India Vs M/S Khurana Engineering Ltd.

Surender Kumar & Ors. Vs Delhi Cantonment Board through Its CEO & Ors.

R P Foam Home Private Limited Vs Uflex Limited

Sunil Kumar Vs Government of NCT Delhi & Ors.

Amar Bahadur Vs Government of NCT Delhi & Ors.

Kucha Natwa Resident Vikas Association (Regd.) and Ors. Vs North Delhi Municipal Corporation