SHIV NATH CHOUDHARY AND RAM DASS Vs. NDMC

JUDGEMENT

(1.) This common judgment shall dispose of the petitions filed by the petitioners/vendors as the issues raised in these writ petitions are common. For the sake of convenience, facts of W.P.(C) 4743/2011 are taken note of.

(2.) The focus of the lengthy arguments addressed by both sides revolves around an order dated 15.07.2011 passed by the Supreme Court on some miscellaneous applications presented in W.P.(C) 1699/1987 entitled Gainda Ram & Ors. vs. NDMC & Ors., which matter was decided on 08.10.2010 by issuing exhaustive directions. Before proceeding to deal with the respective arguments addressed by the learned counsels for the petitioners/vendors and the respondent/NDMC, it would be appropriate to set out the aforesaid order dated 15.07.2011, which is the bone of contention and is reproduced hereinbelow:-

(3.) It was the submission of the learned counsel for the respondent/NDMC that the aforesaid order issued by the Supreme Court, calling upon the parties to maintain status quo as obtaining on 15.07.2011, can only be interpreted to mean that the extensive directions issued earlier, on 08.10.2010, in the case of Gainda Ram, 2010 10 SCC 715 shall continue to remain in operation, including the adjudicatory mechanism provided for by the NDMC in the scheme presented by it before the Supreme Court and approved in the said judgment, till the appropriate government enacts a law for regulating urban street hawkers and street vendors. It was stated that simply because the legislature has not enacted a law in this regard on or before 30.06.2011, as directed in the aforesaid judgment, it cannot be contended by the petitioners/vendors that there exists a vacuum and the said vacuum can no longer be filled up by continuing to regulate the vending activities in the NDMC jurisdiction in the manner as set out in the aforesaid judgment.