NAND KISHORE Vs. MCD

JUDGEMENT

(1.) THE petitioner in each of these three petitions claims to be street vendor and they claim to have been vending for the last 25-40 years from E- 2, Bagh Diwar, Shastri Nagar, Delhi-110 052. THEy further claim that they were sought to be evicted from the said site against allotment of alternative tehbazari sites; they further claim that in accordance with the then Policy of the year 1992, they applied for alternative sites and each of them were allotted alternative sites at different locations and letters of provisional allotment also issued to them but till date the possession of the alternative tehbazari sites has not been given to them. THEy have filed this petition to restrain the respondents i.e. the MCD, the Police authorities and the Govt. of NCT of Delhi from interfering with their continuing to carrying on business of vending from E-2, Bagh Diwar, Shastri Nagar, Delhi-110 052. THE counsel for the petitioners has contended that the petitioners also aver discrimination inasmuch as the other street vendors at the said location have already been allotted permanent tehbazari sites. It is further contended that the petitioners are seeking protection only till possession of the alternative sites is allotted to them.

(2.) THE counsel for the respondent MCD appearing on advance notice states that the present writ petitions are misconceived and the remedy if any of the petitioners is before the Zonal Vending Committee.

(3.) THE petitions are therefore disposed of with the directions to the petitioners to approach the Zonal Vending Committee. THE Zonal Vending Committee shall decide the eligibility of the petitioners for allotment of tehbazari sites within three months of the petitioners approaching the said Committee.