RAM KUMAR Vs. GNCT OF DELHI AND ORS

JUDGEMENT

(1.) Challenge in this petition is to the orders dated 22.05.2018 and 29.05.2018 passed by Public Grievances Commission (hereinafter referred to as the 'Commission'). By order dated 29.05.2018, following direction has been issued:

(2.) This case has a long history. Some necessary facts required to be noticed are that the petitioner herein claims to be a regular street vendor. He claims to be carrying on his business as a barber behind shop no.210, Library Road, Azad Market, Delhi. The occupier of shop no.210 and the petitioner have been locked in litigation for the past 5 years. Claims and counter claims have been filed. While the occupier of the shop had opened a shutter towards the backside where the petitioner was carrying on his business. The attempt of the occupier of the shop was that the petitioner should be removed while the petitioner has been resisting the action of the shop owner and the MCD.

(3.) Counsel for the petitioner submits that the Commission has exceeded its jurisdiction. The order passed by the Commission should be set aside as the question with regard to petitioner's carrying out his vending activities is already pending adjudication before the Town Vending Committee (TVC) and it is the only TVC, who can decide this issue. Additionally, it is contended that the Commission has wrongly relied upon orders dated 16.05.2018 and 28.05.2018 passed by this Court in W.P. (C) 4787/2018. Mr. Israily further submits that in both these orders, no direction had been issued either to the MCD or any other statutory body for removal of the petitioner.