LAWS(DLH)-2012-2-239

DEVI CHARAN Vs. NDMC

Decided On February 22, 2012
DEVI CHARAN Appellant
V/S
NDMC Respondents

JUDGEMENT

(1.) The present petition is filed by the petitioner praying inter alia for directions to respondent No.1/NDMC to relocate his present vending site to another vending site, and for further directions to respondent No.1/NDMC and respondent No.2/Delhi Police, to not disturb the petitioner at his present vending site.

(2.) Counsel for the petitioner states that vide order dated 25.05.2011 passed in W.P.(C) 3216/2011 filed by the petitioner and other vendors in a batch of matters taken up on the same date, the Court had directed the respondent/NDMC not to disturb the petitioner herein and other petitioners from their present hawking sites, till the vending committee completed the exercise of determining the status of their eligibility. It was further directed that if the petitioners were found to be eligible for allotment of a vending site under the Scheme, then the aforesaid interim protection would continue to operate in their favour, till such time that the respondent/NDMC implemented the Scheme of allotment of the vending sites.

(3.) The order dated 25.05.2011 is enclosed with the writ petition and marked as Annexure P-1. It is submitted by the counsel for the petitioner that respondent No.1/NDMC had found the petitioner eligible for allotment of a vending site under the Scheme and his name was placed at Sr. No.1912 of the eligibility list. He states that the petitioner has been carrying on the vending business of selling readymade garments and other related items alongside the school wall, near shop No.60, Babu Market, G-Avenue Road, Sarojini Nagar, New Delhi. However, despite the said interim protection granted to the petitioner, the respondents have been harassing him and are trying to disturb him from the presently occupied site.