DHARAM CHAND Vs. CHAIRMAN NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) PRESENT writ petition has been filed challenging the order dated 3rd December, 2013 issued by the Enforcement Department, New Delhi Municipal Council whereby it has been decided to relocate the petitioner from his existing site outside Supreme Court to a site near Gate of Baroda House adjacent to the existing stalls due to security reasons. The relevant portion of the impugned order is reproduced hereinbelow: -

(2.) MR . Tripurari Ray, learned counsel for petitioner stated that petitioner had been allotted one stall bearing size 6' x 4', Opposite Supreme Court towards Bhagwan Dass Road near Office Complex of Supreme Court Lawyers and Purana Quila Road Bungalows by the Thareja Committee vide letter dated 6th May, 1999. He submitted that the allotment was in accordance with Article 39(a) of the Constitution.

(3.) MR . Ray submitted that the right of the petitioner to carry on his trade and occupation from the kiosk allotted to him by respondent -NDMC on the basis of a direction by Thareja Committee is protected under Article 19(1)(g) of the Constitution. He further submitted that the right of the petitioner could never be restricted by an executive order. According to him, the said right could be curtailed or taken away under Article 19(6) of the Constitution only by a law enacted under Article 13 of the Constitution.