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Kartar@Ramkartar v. Muncipal Corporation Delhi and Ors.

Delhi HC1 Apr 2024W.P.(C)/6100/2023

Case brief

AI extract

What is this about?

The Delhi High Court directed the MCD to issue a Certificate of Vending to the petitioner, who participated in the 2021 survey but faced a delay due to Aadhaar-biometric technical issues. The petitioner was allowed to continue vending without disturbance for 30 minutes strictly under the Certificate's terms.

What did the court decide?

Directing the MCD to issue the Certificate of Vending; permitting the petitioner to continue vending activities without disturbance for 30 minutes strictly in accordance with the Certificate's terms.

Kartar@Ramkartar Vs Muncipal Corporation Delhi… — Pension and Retirement Benefits | Delhi HC (2024)

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$~36

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 6100/2023 KARTAR@RAMKARTAR ..... Petitioner Through: Mr. N.K Sahoo, Advocate

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versus

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MUNCIPAL CORPORATION DELHI AND ORS

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..... Respondents Through: Ms. Puja Kalra, Standing Counsel with Mr. Virendra Singh, Advocate for MCD Mr. Abhinav Garg, Panel Counsel, GNCTD with Mr. Mihir Gujjewar, Advocate

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

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O R D E R

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% 01.04.2024

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The petitioner has filed the present petition inter alia praying as under:

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“(I) To issue a writ of mandamus or appropriate writ or direction or order directing the respondent to issue the Certificate Of Vending in term of Survey conducted Vide URI ID:-8592890 .

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(II) To issue a writ of mandamus or appropriate writ or direction or order directing the respondent not to disturb the petitioner for squatting in front of :- Shop/building No 36-E, Kamala Nagar Market, Kamala Nagar , Ps

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Roop Nagar ,Delhi-7 till Section 21 of street vendors Act ,2014 being enforced and vending fees being collected under section 8 of the street vendors Act,2014;

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(III) To issue a writ of mandamus or appropriate writ or direction or order directing the respondent not to disturb the petitioner for squatting in front of :- Shop/ Building No 36-E , Kamala Nagar Market, Kamala Nagar , Ps Roop Nagar in compliance of order dated 10.11.2021 passed in Writ Petition No 12605/2021;”

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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 12:30:13

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Admittedly, the petitioner has not been allocated any fixed site and therefore the petitioner’s prayer that he be permitted to squat in front of Shop/building No 36-E, Kamala Nagar Market, Kamala Nagar, PS Roop Nagar, Delhi-7 cannot be granted. However, it is not disputed that the petitioner had participated in the survey conducted by the Town Vending Committee in the year 2021. Although, the petitioner had participated in the survey, a Certificate of Vending has not been issued to the petitioner.

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The learned counsel appearing for the respondents submits that the Certificate of Vending has not been issued on account of a technical issue regarding linking of aadhaar card of the street vendors with the biometric authentication for the purposes of survey. 4. It is also not disputed that pending the resolution of this issue, MCD has issued Certificates of Vending to various street vendors who have participated in the survey. 5. We, accordingly, direct the MCD/TVC to issue the necessary certificate of vending as expeditiously as possible. 6. Since it is stated that issuance of Certificate of Vending is being delayed, we direct that the petitioner would not be disturbed in carrying on his vending activities strictly in accordance with the terms and conditions of the Certificate of Vending that has been issued by the MCD. In particular, the conditions require that the street vendors would not carry on the vending activity at a given place for more than 30 minutes or till such time that may be fixed by the TVC. Subject to the petitioner carrying on the vending activities in aforesaid terms and in accordance with law, the petitioner would not be interdicted from continuing his vending activities.

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The petition is disposed of in the aforesaid terms. All pending applications stand disposed of.

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VIBHU BAKHRU, J

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TARA VITASTA GANJU, J APRIL 01, 2024 g.joshi

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Click here to check corrigendum, if any

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Kartar@Ramkartar v. Muncipal Corporation Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Kartar@Ramkartar v. Muncipal Corporation Delhi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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