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2014 DAILYLAW 3563 (DEL)

Maqbool Ahmed & Ors. v. South Delhi Municipal Corporation

2014-09-16

Manmohan

body2014
1. Present writ petition has been filed seeking a direction to the respondent not to obstruct or disturb the petitioners from carrying on their trades from their squatting sites behind the wall of Lajpat Nagar Hospital, opposite Kasturba Niketan, opposite 1-75 to J. Block, Lajpat Nagar-II, New Delhi. 2. Learned Counsel for petitioners states that petitioners have been squatting at their respective sites since 2000 and their possession has been confirmed right up till the Supreme Court. 3. Learned Counsel for respondent-Corporation states that petitioners were never allotted the aforesaid sites and that Zonal Vending Committee has rejected petitioners’ claim vide order dated 4th June, 2010. He also states that petitioners are not existing squatters and are, therefore, not entitled to protection. 4. In the opinion of this Court, present petition has been over taken by events. After filing of the present writ petition, The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for short ‘Act, 2014’) has come into force on 4th March, 2014. The Act, 2014 provides for constitution of a Town Vending Committee (for short ‘Committee’) which is to conduct survey of existing street vendors and make the scheme for relocation. 5. Section 3(3) of the Act, 2014 clearly states that no street vendor shall be evicted or relocated till the survey to be carried out by the Committee has been completed and certificate of vending has been issued to all street vendors. 6. Consequently, State Government is directed to make the Committee functional within a period of eight weeks. Petitioners are also permitted to simultaneously file their representations with the Committee within a period of eight weeks. 7. Upon the said representations being filed, the Committee is directed to decide the same as expeditiously as possible, preferably within six months. 8. With the aforesaid direction, present writ petition and pending application are disposed of. Order dasti. Writ Petition disposed of.