JAGDISH CHAND JAIN Vs. MCD

JUDGEMENT

(1.) The appellant having failed in the writ petition preferred impugning the order dated 25 th February, 2011 of the Appellate Authority constituted under National Policy on Urban Street Vendors, 2009, has preferred this appeal.

(2.) The appellant is a hawker/street vendor. He was found eligible by the Zonal Vending Committee constituted under the Policy aforesaid for a hawking/vending site and was allotted such site at Raghubir Nagar, Delhi. He applied for change of the said site to that outside Vishal Cinema at Delhi and having failed to convince the Zonal Vending Committee (ZVC), approached the Appellate Authority aforesaid.

(3.) It was the plea of the appellant that he had been hawking/vending from outside Vishal Cinema since the year 1982 and was thus entitled to continue at the said site. It was the case of the respondent MCD that the appellant had initially been allotted a site at Khayala village but since he did not come forward to take that site, he was subsequently allotted the site at Ragbhubir Nagar to which also he did not shift and unathorizedly continued outside Vishal Cinema.