Court clarified petitioners can vend in Ward Kalkaji per certificate but cannot demand fixed site until Vending Plan is made. TVC to consider petitioners' request only upon constitution of TVC-II.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
ARVIND GUPTA & ORS. ..... Petitioners Through: Mr. Deepak Kumar Vijay & Mr. Shubham Shivansh, Advs. Versus
TOWN VENDING COMMITTEE-1 (TVC-1) THROUGH CHAIRPERSON, TOWN VENDING COMMITTEE (TVC) & ORS. ..... Respondents Through: Ms. Puja Kalra, Adv. for MCD. Mr. Arjun Pant, Adv. for DDA. Mr. Divyam Nandrajog & Mr. Jatin Dua, Advs. for GNCTD.
CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE SHALINDER KAUR O R D E R
% 02.04.2024
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 05/04/2024 at 12:30:58
“Consequently, the present writ petition is disposed of with a direction to the Town Vending Committee to decide the petitioners’ representation dated 30th August, 2021 for an alternative site within four weeks, in accordance with law. This Court clarifies that it has not commented on the merits of the controversy. The rights and contentions of all the parties are left open.”
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 05/04/2024 at 12:30:58
submits that directions be issued to the respondents that as and when TVC-II is constituted, the same would consider the petitioners’ request in accordance with law. The learned counsel appearing for the MCD also submits that there is no objection to this direction being issued. Thus, it is so directed.
VIBHU BAKHRU, J
SHALINDER KAUR, J
APRIL 02, 2024 ‘gsr’
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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 05/04/2024 at 12:30:58
2 issues framed by the court
Whether petitioners with valid certificates can vend in declared non-vending zones.
Whether petitioners are entitled to allocation of a specific vending site immediately.
Arvind Gupta & Ors.
Town Vending Committee-1 (TVC-1) Through Chairperson, Town Vending Committee (TVC) & Ors.
Vibhu Bakhru
Shalinder Kaur
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
