LAWS(DLH)-2013-1-114

URMILA DEVI Vs. DELHI DEVELOPMENT AUTHORITY

Decided On January 11, 2013
URMILA DEVI Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) This intra-court appeal impugns the order dated 17.10.2012 of the learned Single Judge of dismissal of W.P.(C) No.6391/2012 preferred by the appellant. The counsel for the respondents appeared on advance notice when the appeal came up first and with the consent of the counsels, the appeal was finally heard and judgment reserved.

(2.) The appellant, claiming to be a hawker selling her wares from a pavement in the Nehru Place Commercial Complex, had filed the writ petition from which this appeal arises pleading that her application for a vending site under the National Policy for Urban Street Vendors had been rejected by the Zonal Vending Committee (ZVC) of the Municipal Corporation of Delhi (MCD) due to non availability of vending sites and seeking to restrain the respondents from dispossessing her from the said site till a permanent or alternative vending site under the Policy aforesaid was allotted to her.

(3.) The respondent Delhi Development Authority (DDA) opposed the writ petition denying that the appellant was hawking from the pavement in Nehru Place and it was further contended that Nehru Place had been declared as a 'No Hawking Zone' and none was permitted to carryout hawking activities therefrom.