RAGHAV PASWAN Vs. DELHI DEVELOPMENT AUTHORITY AND ANR.

JUDGEMENT

(1.) The challenge in this writ petition is to the order dated 19.8.2017 passed by the Executive Engineer/WD-8, DDA, by which the permission granted to the petitioner to sell vegetable and fruits near Max Dry Cleaners, Plot No. 1, Sector-6, MLU Market, Dwarka has been withdrawn.

(2.) Learned counsel for the petitioner submits that the order dated 19.8.2017 is bad in law, as the same has been passed without complying with the principles of natural justice. Learned counsel has also drawn the attention of the Court to a communication dated 8.2016 received by the petitioner, by which the then Executive Engineer had granted express permission to the petitioner to sell fresh vegetables and fruits under certificate issued by FSSAI Food Licensing and Registration system, provided there is no hindrance in the movement of traffic and the area in question is kept clear. Learned counsel submits that, in the absence of any show cause notice and in the absence of any hearing, the impugned order is liable to be quashed. Learned counsel has also brought to the attention of the Court that he had approached this Court by filing WP(C) No. 5822/2017, wherein the grievance was raised against the Delhi Police who was not allowing the petitioner to vend despite the permission from the DDA. On 1.9.2017, the said writ petition was disposed of, in view of the Status Report filed by the Delhi Police, wherein it was stated that the petitioner was not removed from the site in question.

(3.) Notice to show cause as to why the petition be not admitted. Mr. Sanjeev Sabharwal, Standing Counsel for the DDA enters appearance on an advance copy and submits that the permission was issued by an officer, who had no authority in law to issue such a condition. He further submits that once this fact came to the notice of DDA, the permission so granted was withdrawn.