SUBODH KUMAR GUPTA & ORS. vs TOWN VENDING COMMITTEE, NDMC & ANR.

Judgment text excerpt

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 18th March, 2025 + W.P.(C) 3293/2025, CM APPL. 15561/2025 & CM APPL. 15562/2025 SUBODH KUMAR GUPTA & ORS. .....Petitioners Through: Ms. Aastha Dhawan, Advocate (Mob. 9711436642). versus TOWN VENDING COMMITTEE, NDMC & ANR. .....Respondents Through: Mr. Sriharsha Peechara Standing Counsel with Mr. D.S. Bhanu, Advocate for NDMC (Mob. 9717466788). CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J.(ORAL) 1. This hearing has been done through hybrid mode. 2. This is a petition filed by five Petitioners who are street vendors, under Article 226 of the Constitution of India, inter alia seeking a direction against the Respondents to include the Petitioners in the survey of vendors and grant a certificate of vending in Palika Bazar, Connaught Place, New Delhi upon taking into consideration their seniority. 3. The brief background is that the Petitioners claim that they have been vending their goods at Gate Nos. 2, 3 and 4 of Palika Bazar, Connaught Place, New Delhi for more than 30 years. The said place was declared as a non-vending site in 2017, and the Petitioners were removed from the said site. 4. The Supreme Court in its decision dated 01st May, 2012 in W.P.(C) Signature Not Verified Signed By:NAMITA W.P.(C) 3293/2025 Page 1 of 5 DHYANI Signing Date:21.03.2025 19:19:36 1699/1987 titled as “Gainda Ram &Ors v. Municipal Corporation of Delhi &Ors” had directed the New Delhi Municipal Council (‘NDMC’), i.e., the Respondent No.2, to conduct a draw of lots amongst the street vendors for allocation of Tehbazari space. Thereafter, pursuant to the said decision, a list of 628 eligible street vendors was prepared by the NDMC. 5. It is the case of the Petitioners that their names have spec