Considered petition for exemption from removal of street vendors under the Street Vendors Act, 2014 and 2019 Scheme. Court recorded statements that if conditions of the vending certificate are met, vendors will not be removed and bound respondents to this undertaking before disposing of the petition.
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..... Petitioner
Through: Mr.Yashaswi SK Chocksy, Mr.Ankit Singh, Mr.Sushant Sagar, Advocates.
versus
MUNICIPAL CORPORATION OF DELHI AND ANR
..... Respondent Through: Mr.Kapil Dutta and Ms.Shilpa Ohri, Advocates for MCD. Mr.Anurag Nasiar, Advocate for R2.
CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON’BLE MR. JUSTICE RAVINDER DUDEJA
O R D E R
% 16.01.2024 CM APPL. 2762/2024
W.P.(C) 635/2024 CM APPL. 2761/2024
a.) Allow the present petition and issue a writ in the nature of mandamus or any otq.er writ of similar nature, directing the Respondents to allow the petitioners as mentioned in the memo of parties to peacefully vend in terms of the Certificate of Vending issued by Respondent No. 1; and/ or;
b.) Issue a writ in the nature of mandamus or any other writ of similar nature, directing the Respondents to follow due procedure as enumerated in the Street Vendors Act, 2014 and Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019 while, as and when, seizing the goods of the petitioners and allocation of space; and/ or;
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 21/05/2024 at 15:18:47
i.e. Yusuf Sarai Market, Hauz Khas, New Delhi and although he has been protected under Section 3(3) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, but he is being harassed and removed from his site by the respondents.
VIBHU BAKHRU, J
RAVINDER DUDEJA, J
JANUARY 16, 2024 M
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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 21/05/2024 at 15:18:47
2 issues framed by the court
Whether the petitioners are entitled to exemption from removal under the Street Vendors Act, 2014 and 2019 Scheme.
Whether the respondents are directed to allow peaceful vending by the petitioners.
Ram Archak Kumar and Ors
Municipal Corporation of Delhi and Anr
Vibhu Bakhu
Ravinder Dudeja
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
