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Judgment
This is a petition under Article 226 of the Constitution of India filed by the petitioner. Counsel for the petitioner submits that the petitioner is a
handicapped woman and she is squatting from Gate No.1 near Metro Station, Nehru Place, New Delhi. Under fear of being dispossessed, she has
filed the present writ petition seeking a direction that the respondent be restrained from harassing her and a writ of mandamus seeking a direction to
the respondent to allow her to vend at the site in question.
Two status reports have been filed. Mrs.Khorana, counsel for respondent no.1 submits that area in question is extremely crowded. She submits that
a communication dated 20.09.2016 was received from Assistant Manager (Operations), Delhi Metro Rail Corporation Ltd. (in short ‘DMRC’),
Line-6 (North), informing the Municipal Corporation of Delhi (in short ‘MCD’) that there is blockage of entry/exit of metro station by hawkers,
vendors and beggars and for this reason it has been observed that commuters are facing an issue i.e. blockage of entry/exit of metro station. It was
further brought into the notice of the MCD that for the aforesaid reason they are creating a problem in the smooth movement of passenger services.
Mrs.Khorana further submits that pursuant to the aforesaid communication the Sub Divisional Magistrate (in short ‘SDM’) had issued a notice
18.01.2017 and directed the MCD to remove the encroachers, vendors/hawkers, rickshaw pullers and auto rickshaws which are illegally occupying
the place at Nehru Place metro station.
Counsel for the petitioner submits that action of the respondent is not uniform and the petitioner has been singled out which is disputed by counsel
for respondent/MCD.
We have heard the counsels for the parties.
We may note that the rules of the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2017 have been notified
on 10.01.2018 and it is expected that the Town Vending Committee (in short ‘TVC’) would be put into place shortly.
The grievance of the petitioner is that she is being singled out while other street-vendors are being allowed to vend.
We have examined the letter dated 20.09.2016 issued by the Assistant Manager (Operations), DMRC. Reading of the letter dated 20.09.2016
would show that the petitioner has been removed at the behest of the DMRC on the ground that exit and entry points of the Metro Station was being
blocked. We have also examined the order dated 30.12.2016 issued by the SDM. We find no infirmity in the order passed by the SDM for the reason
that the petitioner and other street vendors who have been removed cannot be allowed to block the entry and exit gates of the Metro Station. Keeping
in view the fact that the name of the petitioner does not find mentioned in either of the list prepared by the MCD/Chopra Committee. The petitioner
cannot be termed as a regular street-vendor.
While we find no grounds to entertain this petition, we direct the MCD to take uniform action and ensure that there is no obstruction to free
movement of pedestrians.
Leave is granted to the petitioner to approach the TVC as and when it is constituted with supporting documents and merely because the petitioner
may not be found vending at the site shall not be a ground alone to reject his case.
In view of above, the writ petition is disposed of.