Dismissed

Kamod Yadav v. New Delhi Municipal Council & Anr.

Delhi HC9 Jan 2024W.P.(C)/16261/2023

Case brief

AI extract

What is this about?

Coram Vibhu Bakhru, J and Tara Vitasta Ganju, J. This petition by Kamod Yadav sought directions to the New Delhi Municipal Council regarding street vending exclusions, surveys, and certificate issuance. The Court disposed of the petition noting that the respondent's counsel admitted the Scheme provides an opportunity for evidence submission irrespective of site presence, thereby addressing the gri

What did the court decide?

The petition is disposed of as the respondent's statement addresses the petitioner's grievance regarding survey inclusion.

Kamod Yadav Vs New Delhi Municipal Council & Anr. — Service and Employment | Delhi HC (2024)

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$~3

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 16261/2023

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KAMOD YADAV ..... Petitioner Through: Mr Bharat Aggarwal and Ms Namrata Sharma, Advocates.

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versus NEW DELHI MUNICIPAL COUNCIL & ANR. ..... Respondents Through: Mr Sriharsha Peechara, Sanding Counsel for NDMC with Ms Harshita Gupta and Mr Shubham Kumar Mishra, Advocates. Mr Rishikesh Kumar, ASC for GNCTD with Ms Sheenu Priya, Mr Sudhir and Mr Sudhir Kumar Shukla, Advocates.

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CORAM:

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HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU O R D E R % 09.01.2024

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CM Nos.65481/2023 and 65482/2023

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Exemptions are allowed, subject to all just exceptions.

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The applications are disposed of.

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W.P.(C) 16261/2023

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

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as under:

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“a) Direct the Respondent No.l/TVC to not to dispossess or obstruct or disturb the petitioner in carrying on his trade from site i.e. D-Avenue, Sarojini Nagar Market 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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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 16/05/2024 at 12:29:29

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b) Direct the Respondent no.l/TVC to conduct the survey of the petitioner within time bound manner and issue certificate of vending in favour of the petitioner.

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c) Direct the Respondent No.l/TVC to decide the petitioner’s representation dated 07/12/2023 in accordance with law.”

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The learned counsel for the petitioner confines the present petition to prayer (b), that is, for a direction to respondent no.1 to include the petitioner in the survey.

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In so far as the petitioner’s prayer to include him in the survey is concerned, the learned counsel appearing for the respondents submits that in terms of paragraph 1.1.12 of the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019, all persons claiming to be street vendors would be provided an opportunity to submit the evidence in support of their claim that they were engaged in street vending. He submits that this would be irrespective of whether a street vendor has been found at the given site or not.

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The respondent is bound down to the statement made by his counsel.

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In view of the aforesaid statement, the petitioner’s grievance stands addressed.

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The petition is, accordingly, disposed of.

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VIBHU BAKHRU, J

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TARA VITASTA GANJU, J

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JANUARY 9, 2024/RK

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This is a digitally signed order.

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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 16/05/2024 at 12:29:29

Kamod Yadav v. New Delhi Municipal Council & Anr.

Case brief

What is this about?

What did the court decide?

Kamod Yadav v. New Delhi Municipal Council & Anr.

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

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