VAISO JAIN Vs. NDMC AND ANR

JUDGEMENT

(1.) This application has been filed by the respondent New Delhi Municipal Council (NDMC) for vacation of the order dated 25 th May, 2011 disposing of the writ petition and/or for declaration that the petitioner cannot claim protection of the said order dated 25th May, 2011 in view of violations committed by the petitioner and also in view of the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (Street Vendors Act).

(2.) The application came up before this Court first on 17th May, 2016 when the senior counsel for the petitioner appeared on advance notice. Though the senior counsel for the petitioner sought time to file reply to the application but finding that the order dated 25th May, 2011 of disposal of this writ petition was not in this petition alone but in a large number of other writ petitions filed by other persons also claiming to be street vendors in the NDMC areas and that besides the said order, similar order had been passed in a large number of other petitions also and in some of which also similar applications were being filed and being of the opinion that at this stage it is not necessary to go into the facts of the individual cases and only a legal question has to be decided with respect to the continuation in force of the order dated 25th May, 2011 and other similar orders in view of the coming in to force of the Street Vendors Act, the counsels were heard and order reserved giving liberty to the counsels to file written submissions if so desire. Written submissions have been filed on behalf of the applicant/respondent NDMC as well as the petitioner.

(3.) The petitioner filed this writ petition pleading (i) that the petitioner is carrying on his petty trade from squatting site in the NDMC area and is earning his livelihood therefrom for many years; (ii) that the petitioner had applied to the respondent NDMC for grant of tehbazari/vending site; (iii) the said application of the petitioner was pending before the Zonal Vending Committee constituted under the Scheme of Urban Street Vendors framed by the respondent NDMC in the year 2004/2007; however the officials of the respondent NDMC from time to time meted out threats to the petitioner to remove the petitioner from the site and had also been disturbing the petitioner; (iv) that the respondent NDMC was not entitled to disturb the petitioner, also under the provisions of the National Capital Territory of Delhi Laws (Special Provisions) Act, 2011; (v) that the process of allotment of tehbazari/vending sites in the NDMC area had not been finalized till then;