$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1692/2024 HAWKERS SURKSHA FOUNDATION .....Petitioner Through: Mr. N.K. Sahoo, Adv. Versus NEW DELHI MUNCIPAL COUNCIL AND ANR......Respondents Through: Mr. R. Verma, Mr. Vikrant Pachnanda & Mr. Mukul Katyal, Advs. for NDMC. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 20.02.2025 1. The petitioner, an association espousing the cause of squatters and hawkers, has filed the present petition, inter alia, praying as under: “(a) To issue a writ of mandamus or appropriate writ or direction or order directing the respondent No-1 to bound itself to the category classified as petitions in the affidavit dated 28.04.2012 filed before the Hon’ble Supreme Court in WRIT PETITION No 1699/1987 in the matter of: - Gainda Ram V/s MCD and allow the vendors coming within category classified in the Affidavit for squatting along with 628 persons;” 2. It is the petitioner’s case that certain street vendors, whose names find mention in the list of 628 persons, have been granted certain protection by virtue of the classification made in the affidavit dated 28.04.2012 filed before the Supreme Court in I.A. No. 4 in I.A. Nos. 411-412 of 2011 in W.P.(C) No.1699/1987. 3. The aforesaid list of 628 street vendors was prepared for allocation of 386 tehbazari spaces in the year 2012. At the material time 628 (Six Hundred and Twenty-eight) number of street vendors were found eligible This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:45:52 for participation in the draw of lots for allocation of 386 (Three Hundred and Eighty-six) number of spaces that was proposed to be conducted. However, that process was subsequently abandoned. 4. The said list of 628 street vendors is not relevant after the process of allocation of tehbazari spaces was abandoned and after the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereafter the Act) has come into force. However, reference to the said list is made in various orders passed subsequently for limited purpose to ascertain whether the street vendors seeking protection were carrying on their vending activities as on 01.05.2014, that is, on the date on which the Act came into force. This is in the context of Section 3(3) of the Act, which proscribes the authorities from evicting street vendors or relocating them till the survey as contemplated under Section 3(1) of the Act is completed. 5. The question whether a street vendor was carrying on his activities on the date when the Act came into force and is protected under Section 3(3) of the Act is required to be considered in the facts of each case. 6. In view of the above, the contention that respondents are bound down to the criteria as set out in the affidavit dated 28.04.2012 is misconceived. 7. In view of the above, the petition is accordingly dismissed. VIBHU BAKHRU, J TEJAS KARIA, J FEBRUARY 20, 2025 ‘gsr’ Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:45:52