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2007 DIGILAW 909 (SC)

Patri Vyapar Mandal Delhi (Regd) v. M. C. D. Town Hall

2007-05-17

B.P.SINGH, H.S.BEDI

body2007
ORDER B.P. Singh, J. - I.A. No. 407 in W.P.(C) No. 1699 of 1987 1. Only today we have delivered the judgment approving the Street Vendors Scheme of the M.C.D. and N.D.M.C. Counsel for the applicant submits that his clients are high up in the seniority list and in all probability the hawking sites will be allotted to them may be in a hawking/squatting area. Counsel for the M.C.D. states that within 2-3 months the exercise will be undertaken and the allotments made under the New Scheme. If the applicant is high up in the seniority list, he should expect the allotment in about three months time. 2. We, therefore, do not pass any order today on this I.A. but we direct the M.C.D. to see to it that preferably within three months alternative sites are allotted to those who hold valid permission for hawking/squatting. 3. In view of the order we have passed in I.A. No. 407, the Contempt Petition Nos. 4984, 4985 of 2003, 506 of 2002 and 215 of 2006 do not survive. These Contempt Petitions have therefore, become infructuous. These Contempt Petitions are dismissed as having become infructuous. CONTEMPT PETITION (C) NO. D15102 OF 2003 4. It is submitted on behalf of the applicant that their right to squat was recognised and saved by at least three orders of this court dated 1st December, 1997, 28th August, 1998 and 1st December, 2000. Despite that, they were removed some time in the year 2003. Their grievance further is that though they have been removed, large number of other squatters are still squatting on the plots in question. He further apprehends that under the new scheme his claim may be ignored. 5. Mr. Sen appearing on behalf of the M.C.D. submits that the apprehension of the applicant is not justified because the applicants are persons who have been given permission to squat by the authorities. They will be eligible for allotment in any event. Their seniority will not be adversely affected by the new scheme. Their seniority will be retained and their claims shall be considered in accordance with the new scheme giving them due seniority and their absence from the market will not stand in their way. 6. They will be eligible for allotment in any event. Their seniority will not be adversely affected by the new scheme. Their seniority will be retained and their claims shall be considered in accordance with the new scheme giving them due seniority and their absence from the market will not stand in their way. 6. However, in the meantime, if the M.C.D. can find available alternative squatting sites near about Lajpat Nagar or in any other designated zone, they shall permit them to carry on their hawking business on those sites. If there are any such hawking sites available, it will be open to the applicants to furnish necessary particulars of those sites to the M.C.D. to enable them to consider allotment of alternative sites. If such sites are identified by the applicants, the M.C.D. will take steps forthwith to consider allotment of such sites in favour of the applicants and not later than three weeks after the sites are identified and found to be available for allotment. 7. The Contempt Petition is disposed of accordingly.