Disposed

Rajwanti Bavariya v. Govt. of NCT of Delhi & Ors.

Delhi HC1 Feb 2024W.P.(C)/1470/2024

Case brief

AI extract

What is this about?

This order disposed of a writ petition filed by a street vendor seeking protection of her vending site and issuance of a certificate under the Street Vendors Act. The Court directed that the petitioner participate in the ongoing survey and submit documents to establish her vending activities, and the Town Vending Committee to consider her representation and records.

What did the court decide?

Petitioner directed to participate in survey and furnish documents; TVC to consider petitioner's representation and records for decision.

Rajwanti Bavariya Vs Govt. of NCT of Delhi & Ors. — Writ and Judicial Review | Delhi HC (2024)

¶1

$~41

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

W.P.(C) 1470/2024 CM APPL. 6060/2024 RAJWANTI BAVARIYA ..... Petitioner Through: Mr.Rajinder Kumar, Advocate. versus GOVT. OF NCT OF DELHI & ORS. ..... Respondents Through: Ms.Kanika Singh, Mr.Nikhil Saini and Mr.Tarandeep Singh, Advocates.

¶4

CORAM:

¶5

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU

¶6

O R D E R

¶7

% 01.02.2024

¶8

The petitioner has filed the present petition inter alia praying as

¶9

under:-

¶10

“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 Chowk, 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;

¶11

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 Vending) 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 Vending) Scheme 2019.”

¶12

The petitioner claims that she was selling permissible goods from a vending site described as ‘near Mother Dairy Chowk, Sarojini Nagar Market, Sarojini Nagar, New Delhi-110023’. She alleges that the officials of the New Delhi Municipal Council ( NDMC ) have on a number of occasions

¶13

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 08/08/2024 at 12:44:00

¶14

removed her from the site and thrown away her goods. She states that her goods have also been confiscated from time to time.

¶15

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.

¶16

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. 5. This Court is informed that a survey is being conducted. In this view, we dispose of this petition by directing that the petitioner would also have a right to participate in the survey and furnish all documents or material to establish that he has been carrying on vending activities. It is stated that the TVC shall consider the matter and record as furnished by the petitioner for taking a decision.

¶17

We also direct that the concerned TVC shall consider the petitioner’s representation dated 15.01.2024, a copy of which is annexed to this petition. 7. The petition is disposed of in the aforesaid terms. All pending application(s) stand disposed of.

¶18

VIBHU BAKHRU, J

¶19

TARA VITASTA GANJU, J

¶20

FEBRUARY 01, 2024 M

¶21

Click here to check corrigendum, if any

¶22

This is a digitally signed order.

¶23

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 08/08/2024 at 12:44:00

Rajwanti Bavariya v. Govt. of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Rajwanti Bavariya v. Govt. of NCT of 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

Radhika Sharma through Her Father Vs Guru Gobind Singh Indraprastha University and Ors.

Rekha Singh Vs Ndmc & Anr.

Ravneet Singh Kohli Vs Union of India & Ors.

Ajay Vs Ndmc & Anr.

Delhi Public School Mathura Road Vs Union of India and Anr.

Meenakshi Singh Vs Gnct of Delhi and Ors.

Ashok Vs the State Govt of NCT of Delhi

Mohd Wasim Vs Municipal Corporation of Delhi and Ors.

Rekha Singh Vs Ndmc & Anr.

Ajay Vs Ndmc & Anr.

Aas Mohmmad Vs Ndmc & Anr.

M/S. Berkeley Lifestyle Brands Private Limited & Ors. Vs M/S. Raj Builders Private Limited

Monika Vs High Court of Delhi at New Delhi through the Registrar General and Anr.

Geeta Sharma Vs Public Enterprises Selection Board & Ors.