HC Delhi directed MCD to release confiscated goods of a street vendor as the confiscation procedure was not followed, while allowing vending only in strict compliance with her Certificate of Vending terms.
Directed MCD to release confiscated goods; petitioner to vend only in strict compliance with Certificate of Vending terms.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2591/2024 CM APPL. 10687/2024 VIMLA DEVI
| ... | .. Petitioner | ||
|---|---|---|---|
| Through: | Mr.Bibhuti | Bhushan | Mishra, |
| Mr.Kamlesh | Kumar | Mishra, | |
| Mr.Dipak | Raj and |
Ms.Tripti, | |
| Advocates. |
versus
MUNICIPAL CORPORATION OF DELHI AND ORS
..... Respondent Through: Ms.Shilpa Ohri, ASC for MCD/R1. Mr.Divyam Nandrajog, Panel Counsel and Mr.Jatin Dua, Advocate for GNCTD/R3 to R5.
CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU O R D E R % 21.02.2024
alia, praying as under:-
“I. Pass an order directing the respondents to allow the petitioner street vendor to peacefully vend at her vending site i.e C-8 Chowk, Gate No.13, Vasant Kunj, South West Delhi without any Let or hindrance being caused by any public official.
II. Pass an Order directing the respondents to allow the petitioner street vendor to peacefully vend in terms of vending Certificate issued by the Municipal Corporation of Delhi after conducting the survey of the petitioner.
III. Pass an order thereby declaring the confiscation of the articles of the petitioner by MCD on 20.11.2023 and removal/eviction of the petitioner as illegal, arbitrary and in contravention of the law.
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 28/02/2024 at 11:34:36
IV. Pass an order directing the respondent MCD to forthwith return the goods of the petitioner without any charges being levied on the petitioner for the reason that the very act of confiscation of her articles was illegal and arbitrary.
V. Pass an order directing the respondents, their officials, their agents etc. be restrained from harassing the petitioner from peacefully vending at her vending site.
VI. Pass any such directions or order that this Hon’ble Court deems fit and proper in the facts and circumstances of the above-mentioned case.”
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 28/02/2024 at 11:34:36
has not been followed.
VIBHU BAKHRU, J
TARA VITASTA GANJU, J
FEBRUARY 21, 2024 M
Click here to check corrigendum, if any
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 28/02/2024 at 11:34:36
2 issues framed by the court
Whether the Municipal Corporation of Delhi's confiscation of the petitioner's goods was illegal due to non-compliance with prescribed confiscation procedure.
Whether the petitioner can continue vending activities subject to strict compliance with the terms of her Certificate of Vending.
1 provisions across 1 enactments
VIMLA DEVI
MUNICIPAL CORPORATION OF DELHI
VIBHU BAKHRU
TARA VITASTA GANJU
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
