SHIV NATH CHOUDHARY 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.) TO give a brief background of the dispute, learned counsel for the respondent/NDMC walked this Court through some prominent decisions of the Supreme Court rendered from time to time, which relate to pavement squatters/hawkers, starting from the decision in the case of Sodan Singh vs. NDMC & Ors. reported as (1998) 2 SCC 727, the interim order dated 03.03.2006 passed by the Supreme Court in W.P.(C) 1699/1987 entitled Sudhir Madan & Ors. vs. MCD, the final judgment in the case of Sudhir Madan (supra) reported as (2009) 17 SCC 597 and lastly, the judgment dated 08.10.2010 passed in the case of Gainda Ram (supra).