Street vendor sought an LOR from NDMC to avail a working capital loan under the PMSVANidhi Scheme. The High Court found he was removed from vending in 2016 and could not have been surveyed in 2018, so did not meet the eligibility criteria, and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8294/2021
MAHESH KUMAR YADAV .....Petitioner Through: Petitioner in person.
versus
THE CHAIRPERSON - NDMC/TVC & ORS. .....Respondents Through: Mr. Sriharsha Peechara, SC with Mr. Akshat Kulshreshtha & Mr. D.S. Bhanu, Advs. for Resp./ NDMC.
Mr. Rishikesh Kumar, ASC with Ms. Sheenu Priya, Mr. Vikas Saini, Mr. Atik Gill, Mr. Sudhir Kumar Shukla & Mr. Sudhir, Advs. for Resp./ GNCTD.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE DHARMESH SHARMA O R D E R % 05.12.2024
“a. Admit the writ petition against the respondents.
b. direct the respondents to issue required LOR to the petitioners as per law and if required by adopting/ incorporating additional criteria in this regard as per clause 5 of PMSVNidhi Scheme because admittedly all petitioners are existing vendors and may not be denied of beneficial Scheme merely on whim and fancy of the official of NDMC.
c. pass any other order/ relief which this Hon‟ble Court may deem fit and proper in the facts and circumstances of the present case.”
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W.P.(C) 8294/2021
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 18/12/2024 at 11:46:00
which is asserted to be a vending zone as identified by the New Delhi Municipal Council1 .
(ii) WP(C) No. 11415/2016 (iii) W.P.(C) No. 6790/2022
“ 4. Eligibility Criteria of Beneficiaries
The Scheme is available to all street vendors engaged in vending in
1 NDMC
2 LOR
3 PMSVANidhi Scheme
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W.P.(C) 8294/2021
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 18/12/2024 at 11:46:00
urban areas as on or before March 24, 2020. The eligible vendors will be identified as per following criteria:
(i) Street vendors in possession of Certificate of Vending/ Identity Card issued by Urban Local Bodies (ULBs).
(ii) The vendors, who have been identified in the survey but have not been issued Certificate of Vending/ Identity Card:
Provisional Certificate of Vending would be generated for such vendors through an IT based platform. ULBs are encouraged to issue such vendors the permanent Certificate of Vending and identification Card immediately and positively within a period of one month.
(iii) Street Vendors, left out of the ULB-led identification survey or who have started vending after completion of the survey and have been issued Letter of Recommendation (LoR) to that effect by the ULB/ Town Vending Committee (TVC); and
(iv) The vendors of surrounding development/ peri-urban/ rural areas vending in t he geographical limits of the ULBs and have been issued Letter of Recommendation (LoR) to that effect by the ULB/ TVC.”
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W.P.(C) 8294/2021
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 18/12/2024 at 11:46:00
Gainda Ram & Ors. v. MCD & Ors.4 for draw of lots for allotment of sites to those vendors having interim relief provided by this Court and for those who had approached this Court for relief against removal. This list consisted of 628 persons, of which 349 persons were those in whose favour interim orders operated while the remaining 279 were those who had not been accorded any interim relief.
4 W.P.(C) 1699/1987
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W.P.(C) 8294/2021
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 18/12/2024 at 11:46:00
from the petitioner on its online portal, the same was not granted since the petitioner did not fulfil the criteria formulated and prescribed by the PMSVANidhi Scheme.
“3. That the petitioner is a regular vendor from Janpath and has regular challans, applied in year 2007 under the Scheme for allotment of vending site and after fulfilling the eligibility criteria was found genuine vendor and therefore his name placed in the eligibility list prepared in year 2011 after proper verification and scrutiny of his claims of vending and therefore petitioner was protected under the common order 25.5.2011 of· this Hon'ble Court in Deepak Kumar case and order dated 15.7.2011 of the Hon'ble Apex Court in Gainda Ram case which is finally cumulated in Judgment dated 9.9.2013 of the Apex Court in Maharashtra Ekta case. Not only that even petitioner was got protected under order dated 4.12.2012 WP(c) No 5958/2012 of this Hon'ble Court in his own case and he was regularly doing his vending from his place of vending till 17.1.2016 and 17.2.2016 when he was removed illegally by the team of enforcement alongwith others in a common drive but latter on the NDMC allowed their own people to carry on vending and keep on harassing the petitioner only because he has
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W.P.(C) 8294/2021
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 18/12/2024 at 11:46:00
courage to question the acts/deeds of NDMC through RTI on instigation of his rivals and even it is admitted case of the NDMC that petitioner was a regular vendor at Janpath which is evident from their own reply that petition was vending there and was removed from Janpath so the claim of the respondent that petitioner is not a vendor is totally false., the true copy of all relevant challans and other supporting documents are being filed herewith as Annexure P-13- Colly.”
15. The petition fails and shall stand dismissed.
YASHWANT VARMA, J
DHARMESH SHARMA, J
DECEMBER 5, 2024/ kk
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W.P.(C) 8294/2021
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 18/12/2024 at 11:46:00
1 issue framed by the court
Whether the petitioner qualified under clause 4(ii) of the PMSVANidhi Scheme as a vendor surveyed and placed in the 'found' category, entitling him to an LOR from NDMC.
Colour shows how this judgement treated each authority
Gainda Ram & Ors. v. MCD & Ors. (W.P.(C) 1699/1987)Referred¶8
Gainda Ram & Ors. v. MCD & Ors.
2 provisions across 1 enactments
Mahesh Kumar Yadav
The Chairperson - NDMC/TVC
NDMC
GNCTD
Yashwant Varma
Dharmesh Sharma
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
