Disposed

Sunil Kumar v. Government of NCT Delhi & Ors.

Delhi HC25 Jan 2024W.P.(C)/1152/2024

Case brief

AI extract

What is this about?

Petitioner sought injunction against dispossession and directed survey under Street Vendors Act 2014. Court dismissed immediate relief but directed Town Vending Committee to consider petitioner's representation and conduct a survey.

What did the court decide?

Directed Town Vending Committee to consider petitioner's representation and conduct survey. Immediate injunction and certificate not granted.

Sunil Kumar Vs Government of NCT Delhi & Ors. — Pension and Retirement Benefits | Delhi HC (2024)

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$~34

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 1152/2024 CM APPL. 4822/2024 SUNIL KUMAR ..... Petitioner

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Through: Mr. Rajvinder Kumar, Adv. versus GOVERNMENT OF NCT DELHI & ORS. ..... Respondents Through: Mr. Rishikesh Kumar, ASC-GNCTD with Ms. Sheenu Priya, Mr. Sudhir Kumar Shukla, Advs. for R- 1/GNCTD. Mr.Sriharsha Peechara, Standing Counsel with Mr. Mayank Bamniyal, ASC, Ms. Harshita Gupta, Mr. Akshat K. and Mr.Shumbham Kumar Mishra, Advs. for NDMC.

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

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% 25.01.2024

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

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under:

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“A. Direct the Respondents not to dispossess or obstruct or disturb the Petitioners in carrying on his trade from his site i.e. Opposite/In front of Shop No. 96, Sarojini Nagar Market, Sarojini Nagar, New Delhi-110023, in terms of Section 3(3) of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014. and;

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B. Direct the Respondents/Town Vending Committee to 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 Vending) Act 2014.”

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The petitioner claims that he was selling permissible goods from a vending site described as ‘Opposite/In front of Shop No. 96, Sarojini Nagar Market, Sarojini Nagar, New Delhi-110023’. He alleges that the officials of

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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

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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 goods have also been confiscated from time to time.

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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.

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Learned counsel for the respondents submit that there are 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.

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

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

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We direct that the concerned TVC shall consider the petitioner’s representation dated 04.01.2024, 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.

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

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VIBHU BAKHRU, J

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TARA VITASTA GANJU, J

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JANUARY 25, 2024 M/SA

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Click here to check corrigendum, if any

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Sunil Kumar v. Government of NCT Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Sunil Kumar v. Government of NCT Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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