Rejecting a plea filed by street vendors’ associations that challenged a notification constituting Town Vending Committees (TVC) in Delhi’s municipalities, the Delhi High Court has observed that they did not have a “legal right” to membership and that the “tendency” to seek nomination through court proceedings needed to be “depreciated”.
A bench of Justices Manmohan and Saurabh Banerjee on Dec 15 rejected the plea moved by a group of NGOs or associations of street vendors which claimed that they were nominated members of various TVCs constituted by the Delhi government in September 2018 under the Street Vendors Act 2014. It was argued that the TVCs were set up for surveying and identifying street vendors within six months under the Delhi Street Vendors Rules. However, no such survey had been carried out by the TVCs.
It was further argued that the Delhi government, through its notification of September 17, 2019, reconstituted the TVCs in the North Delhi Municipal Corporation, the South Delhi Municipal Corporation and the East Delhi Municipal Corporation and removed the associations as members without providing them any notice or opportunity of hearing. They argued that they could not have been removed without following the provisions of the Delhi Street Vendors Rules.
After hearing the arguments, the division bench observed that associations had only a right to be “considered for nomination” to the TVCs, but had no “legal or vested right” to be nominated for membership.
The bench further held that just because the associations were once nominated to the TVCs would not amount to their having a “fundamental or legal right” to be renominated in perpetuity, and that the government “is well within its right to reconstitute TVCs”.
Coming down on the associations, the court opined, “The tendency to get nomination through court proceedings needs to be and is depreciated”.
The bench further held that the Delhi Street Vendors Rules had no application to the case because it was not about the removal of members but only about the TVCs’ reconstitution.
Imposing a cost of Rs 10, 000 on the petitioners, the court dismissed the plea noting that there were no allegations against the qualifications of the newly appointed members, or allegations of bias against any particular official. “Consequently, the present writ petition and the pending application, being bereft of merit, are dismissed with a cost of Rs 10,000, to be paid to the Delhi High Court Legal Services Committee,” the court held.
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Agnipath scheme, unveiled on June 14, lays out rules for the recruitment of youths in the armed forces.
New Delhi:
The Delhi High Court today reserved its judgement on a batch of petitions challenging the Centre’s Agnipath scheme for recruitment in the armed forces.
Besides the pleas directly challenging Agnipath, the high court also reserved its verdict on petitions concerning the recruitment announced under certain previous advertisements but stalled before the launch of the short-term service scheme.
During the arguments, the Centre told the high court that a decision was taken in June 2021 to put on hold all other recruitment in the armed forces and not to cancel them as the Agnipath scheme was only on the horizon and not finalised by then.
The Agnipath scheme got finalised only in June this year when it was notified in the official gazette, the Centre’s counsel said.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad asked the counsel for the petitioners and the Centre to file written submissions by December 23, after which the court will close for vacation.
The bench also granted time to the Centre to file an affidavit on the aspect of role, responsibility and duties of Agniveers, the soldiers who will be recruited under the Agnipath scheme.
The Agnipath scheme, unveiled on June 14, lays out rules for the recruitment of youths in the armed forces.
According to these rules, those aged between 17 years and a half and 21 years are eligible to apply and the recruitment will be for a four-year tenure. The scheme allows 25 per cent of them to be retained and granted regular service subsequently depending upon their fitness.
After protests erupted against the scheme in several states, the government extended the upper age limit to 23 years for recruitment in 2022 to calm the frayed tempers.
Additional Solicitor General (ASG) Aishwarya Bhati and Central government standing counsel Harish Vaidyanathan, representing the Centre, said the Agnipath scheme is one of the biggest policy changes in defence recruitment that was going to mark a paradigm shift in the way the armed forces recruit personnel.
Bhati said the government had taken a conscious decision to put on hold everything where recruitment had not happened.
“More than 10 lakh aspirants have taken advantage of the two-year age relaxation given by us… A lot of things we cannot say on affidavit but we have acted in bona fide manner,” the ASG said.
Advocate Prashant Bhushan, appearing for the petitioners in a plea concerning cancellation of the recruitment processes under certain previous advertisements, said the government did not stop all recruitment in June 2021 and some such exercises were held even in August 2021 and the beginning of 2022.
“Look at the plight of these people. Is it fair to tell them you have put your life on hold for over two-and-a half-years and now you are told the recruitment process has been cancelled. It would be arbitrary, unfair and hit by the doctrine of legitimate expectation to allow the government to go away like this,” he argued.
The high court had on December 14 asked the Centre to offer justification for the different pay scales for ‘Agniveers’ and regular sepoys in the Indian Army if their job profile is same.
As the counsel for the central government responded while seeking to clarify that ‘Agniveer’ is a different cadre from the regular cadre of the armed forces, the high court said, “Different cadre does not answer job profile, the question is work and responsibility.” Defending the Agnipath scheme, the Centre has said a large amount of study has gone into making this policy. It said the decision to implement it was not taken lightly and the Union of India was mindful and cognisant of the situation.
Earlier, the bench had asked the petitioners who have challenged the short-term recruitment scheme as to which of their rights have been violated, and said it was voluntary and those having any problem should not join the armed forces under it.
The high court had said the Agnipath scheme has been formed by experts in the Army, Navy and Air Force and judges were not military experts.
The counsel for one of the petitioners had said that after being recruited under the scheme, the Agniveers will have a life insurance cover of Rs 48 lakh in case of contingency which is much less than the one in existence for regular soldiers.
Whatever the armed forces personnel are entitled to, these Agniveers will get them only for four years, the counsel had argued, adding had the service been for five years they would be entitled to gratuity.
The Centre had earlier submitted a consolidated reply to several petitions filed against Agnipath as well as other recruitment exercises that had begun before its launch but were halted midway, insisting there was no legal infirmity.
The government submitted the Agnipath scheme was introduced in exercise of its sovereign function to make national security and defence more “robust, impenetrable and abreast with changing military requirements”.
One of the petitions before the high court has sought a direction to the armed forces to resume the recruitment exercises which were cancelled due to the introduction of the Agnipath scheme and prepare the final merit list after conducting a written examination within a stipulated time.
Earlier, the Supreme Court had asked the high courts of Kerala, Punjab and Haryana, Patna and Uttarakhand to transfer the PILs against the scheme that were pending before them to the Delhi High Court or keep them pending till a decision by the Delhi High Court is delivered, if the petitioners before it so desire.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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The counsel said for the first time, young girls are being taken in armed forces as Agniveers. (File)
New Delhi:
The Delhi High Court on Wednesday asked the Centre to justify different pay scale of ‘Agniveers’ and regular sepoys in the Indian Army if their job profile is same.
As the counsel for the central government responded that ‘Agniveer’ is a different cadre from the regular cadre of armed forces, the high court said, “different cadre does not answer job profile, the question is work and responsibility.” “If the job profile is same, then how you justify different pay? A lot will depend on the job profile. Get instructions on this and put it on an affidavit,” a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad told Additional Solicitor General Aishwarya Bhati who was representing the Centre.
The law officer responded that as ‘Agniveer’ cadre is separate from the regular cadre, their terms and conditions and responsibilities are also different from sepoys (soldiers).
She said the responsibility can’t be the same and even work of Agniveers and general cadre is not same.
“Agniveer cadre has been created as a separate cadre. It will not be counted as a regular service. After serving as an Agniveer for four years, if he or she volunteers and is found fit then his journey in the regular cadre begins,” Ms Bhati submitted.
She said for the first time, young girls are being taken in armed forces as Agniveers.
When a counsel for one of the petitioners said it was being done without medical test, the bench shot back, “Don’t you think you should welcome this step. Girls are also coming in this, it is a welcome step.” Defending its Agnipath scheme, the Centre said a large amount of study has gone into this policy and it was not a decision which was taken lightly and the Union of India was mindful and cognisant of the situation.
The Central government, which was responding to a batch of petitions challenging its Agnipath scheme, said it was working on the scheme which will enhance the morale of the youth and also on skill mapping of Agniveers.
The ASG said Indian armed forces are the most professional armed forces in the world and they should be given much bigger leeway when they are taking such big policy decisions.
Ms Bhati said numerous consultations, both internal and external, were carried out during the past two years and a number of meetings and consultations over many hours have also been held with the stakeholders.
The bench, which concluded hearing arguments on pleas directly challenging the Agnipath scheme, will continue hearing on Thursday submission on those petitions concerning the recruitment processes for the armed forces under certain previous advertisements.
The Centre further said that below the officers’ post, now Agniveer is the only way to join armed forces at soldiers’ level and only medical section has been kept out of it.
Advocate Prashant Bhushan, appearing for the petitioners in a petition concerning cancellation of the recruitment processes for the armed forces under certain previous advertisements, said he has not challenged the Agnipath scheme as he was not sure whether proper consultations took place or not.
He said the recruitment process in which his clients had applied for were almost complete and only call letters had to come but initially it was delayed and later the authorities cancelled the process after announcement of Agnipath scheme.
“They kept telling us that they are going to do it, it was delayed due to COVID or some administrative issues. We decided to forego other appointment letters by BSF and others because we were certain that this recruitment (in the Indian Air Force) is going to happen but the authorities cancelled it. It is arbitrary to stop the recruitment at this stage,” he argued.
On December 12, the bench had asked the petitioners who have challenged the Centre’s short-term military recruitment scheme Agnipath as to which of their rights have been violated and said it was voluntary and those having any problem should not join the armed forces under it.
The high court had said the Agnipath scheme has been formed by experts in Army, Navy and Air Force and judges were not military experts.
The Agnipath scheme, unveiled on June 14, lays out rules for the recruitment of youths in the armed forces.
According to these rules, those between 17-and-a-half and 21 years of age are eligible to apply and they would be inducted for a four-year tenure. The scheme allows 25 per cent of them to be granted regular service subsequently. After the scheme was unveiled, protests erupted in several states against the scheme.
Later, the government extended the upper age limit to 23 years for recruitment in 2022.
One of the petitioner’s counsel had said that after being recruited under the scheme, the Agniveers will have life insurance of Rs 48 lakh in case of contingency which is much less than the existing one.
Whatever the armed forces personnel are entitled to, these Agniveers will get them only for four years, the counsel had argued, adding that if the service would have been for five years, they would have been entitled to gratuity.
The counsel had contended that after four years of service, only 25 per cent of the Agniveers will be considered for being retained in the force and there is no backup plan for the rest of the 75 per cent.
The Centre had earlier filed its consolidated reply to several petitions against the Agnipath scheme as well as those concerning the recruitment processes for the armed forces under certain previous advertisements and has said there was no legal infirmity in it.
The government submitted that the Agnipath scheme was introduced in the exercise of its sovereign function to make national security and defence more “robust, “impenetrable” and “abreast with changing military requirements”.
One of the petitions before the high court has sought a direction to the armed forces to resume the recruitment process which has been cancelled due to the introduction of the Agnipath scheme and prepare the final merit list after conducting a written examination within a stipulated time.
Earlier, the Supreme Court had asked the high courts of Kerala, Punjab and Haryana, Patna and Uttarakhand to transfer the PILs against the Agnipath scheme pending before them to the Delhi High Court or keep it pending till a decision from the Delhi High Court is delivered, if the petitioners before it so desire.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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In November, the court had dismissed Satyendair Jain’s plea seeking discharge in case. (File)
New Delhi:
The Delhi High Court today asked Delhi Minister Satyendar Jain to approach the trial court to challenge the proceedings against him in a criminal defamation complaint filed by Delhi BJP leader Chhail Bihari Goswami.
Justice Dinesh Kumar Sharma allowed the AAP leader to withdraw his plea challenging the orders by a magisterial court here and granted him liberty to approach the trial court by way of a revision petition instead of approaching the high court.
“File a revision petition. Why to lose one forum?” the judge said.
Senior advocate Rebecca John, appearing for Satyendar Jain, said the petitioner filed the plea because no case was made out to proceed against him as his alleged statements do not fulfil the ingredients to constitute the offence of defamation.
Chhail Bihari Goswami had filed a defamation complaint against Satyendar Jain and several other AAP leaders, claiming the accused had levelled defamatory remarks against him in connection with funds of the North Delhi Municipal Corporation (NDMC).
Chhail Bihari Goswami, who was the chairperson of the Standing Committee of the NDMC, alleged the accused passed the remarks to “lower the moral and intellectual character of the complainant in the eyes of the general public”.
In February, the court of Additional Chief Metropolitan Magistrate had summoned Satyendar Jain, Atishi, Raghav Chadha, Sourabh Bharadwaj, and Durgesh Pathak on the criminal defamation complaint.
“The court is of the considered view that prima facie accused persons namely Satyendar Jain, Atishi Marlena, Raghav Chadha, Durgesh Pathak, and Sourabh Bharadwaj have committed the offence punishable under Section 499/500 (defamation) IPC read with Section 34 (common intention) IPC,” it had said.
In November, the magisterial court had dismissed Satyendair Jain’s plea seeking discharge in the case.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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The high court said there was urgency in the matter as the child is suffering irreparably
New Delhi:
The Delhi High Court has granted the last opportunity to NDMC to respond to a petition by a three-month-old child against the denial of maternity leave to his mother, an employee of the corporation.
The high court said there was urgency in the matter as the child is suffering irreparably when he is deprived of his mother’s care.
A bench of Justice Najmi Waziri and Justice Swarna Kanta Sharma took into account the “tender age” of the petitioner and allowed “one last opportunity” for North Delhi Municipal Corporation (NDMC) and other respondents to file their reply to the petition within two weeks.
The bench said the NDMC and other respondents are given the opportunity to file the response subject to payment of costs of Rs 25,000 to be deposited with the Deputy Conservator of Forest (South), Delhi for not responding to the notice issued to them on March 3.
“Should the reply not be filed within the said time, the right to file reply shall stand closed. There is urgency in the matter, especially because at his tender age the petitioner suffers irreparably when with each passing day he is deprived of his mother’s care,” the court said in its order dated April 29.
The court directed that costs be deposited within three weeks and DCF may consider planting certain trees in forest lands in the Southern Ridge and stated that to the extent possible, community participation in the plantation and maintenance of the trees may be encouraged.
In the present case, the benefit of maternity leave was denied by NDMC in view of the petitioner being the third child of his parents and the petitioner argued that refusing him maternal care is in violation of his rights under Articles 14 and 21 of the Constitution of India.
The court noted that denial of maternity leave was based on the service rules which limit the benefit to female government servants with less than two surviving children.
Looking at the nature of the case, the court-appointed lawyer Shahrukh Alam as amicus curiae and directed that the case be listed for consideration on May 17.
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The Delhi High Court on Monday directed the North Delhi Municipal Corporation and Archaeological Survey of India to ensure that no further illegal construction takes place around Jama Masjid and the Walled City area of Old Delhi.
The division bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla, while issuing notice on a PIL alleging the violations, said that the SHOs of police stations concerned shall ensure strict compliance of the order directing the authorities to stop further encroachment. The court will hear the case next on July 14.
The petition before the court alleged rampant illegal construction and encroachment around Jamia Masjid, Turkman Gate, Kashmere Gate. It was argued before the court that no construction or reconstruction is to be permitted around the ancient monuments in the areas but the authorities have failed to act against the violations.
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Observing that the authorities cannot surrender and abdicate their responsibilities as the same would only lead to anarchy and a complete failure of rule of law, the Delhi High Court Thursday directed the Commissioners of Delhi Police and North Delhi Municipal Corporation to remain present before the court on February 28 to explain how they propose to deal with the encroachment at Chandni Chowk.
The division bench of Justice Vipin Sanghi and Justice Jasmeet Singh said that the authorities take “ad hoc actions” which do not yield the “desired result” of permanently ending the encroachment by hawkers and vendors in Chandni Chowk, which is a no-hawking, no-vending zone.
It said that orders were passed by the Supreme Court in this regard about 16 years ago, and the High Court also has been passing orders consistently, but on ground there seems to be hardly any improvement. “We cannot accept the position that the respondent authorities are helpless,” said the court, during the hearing of a petition filed by a traders’ body of Chandni Chowk.
Both Delhi Police and NDMC had filed their status reports before the court stating that action for removal of the encroachments has been taken from time to time. However, the petitioner filed photos before court showing the continuation of encroachment on pavements and walkways.
The court was told that photos of January 22 and January 23 – when weekend lockdown was in force in Delhi – and January 26 (Republic Day) have been placed on record to claim that an anti-encroachment drive was undertaken. In response, Inspector Ved Prakash, SHO PS Kotwali, told the court that photos of other dates have also been filed. However, the bench termed it a “clear endeavor” to mislead the court.
The court also said that CCTV cameras have still not been installed at Chandni Chowk despite several of its orders. A counsel representing the police submitted that 330 CCTV cameras would be installed before February 28 and a report would be filed in this regard.
On January 20, the court had said that it was “really disheartening” to see that the rejuvenation and redevelopment of Chandni Chowk area is already falling into disrepair due to the rampant encroachment by vendors and ordered the North Corporation and Delhi Police to take necessary action without any delay.
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The Delhi High Court Thursday questioned the manner in which the North Delhi Municipal Corporation had attempted to carry out the transplantation of a 60-year-old peepal tree at Inderpuri and directed Delhi’s forest department to examine the tree afresh to check whether it is dangerous or not.
On October 28, the court had directed the authorities to not harm or remove the tree in any manner and halted the NDMC action midway after senior advocate N Hariharan mentioned that the 60-year-old tree near his residence was being illegally cut. The court had said that grave and irreparable harm will be caused not only to the environment but also the residents of the locality if the tree is permitted to be cut.
Pulling up the NDMC, Justice Sanjeev Sachdeva Thursday asked the civic body to explain how it was possible to transplant such an old tree and observed that its removal may require bringing down of some houses in the vicinity of the tree.
“How are you going to remove the roots of the tree? What was the requirement? This is not how the trees are transplanted. If you are pruning the tree in such fashion, this will not survive,” said the court, adding the tree may not survive if it is removed in such a manner.
On Thursday, the NDMC told the court that the existence of the tree had become dangerous due to construction in a nearby building. The counsel representing the Deputy Conservator of Forest (DCF), however, told the court that its permission for relocation of the tree has since lapsed and thus the petition before the court has become infructuous.
The court, after seeing photos of the tree, in the order noted that prima facie there was no danger of the tree falling as no tilt or sagging was observed. It also noted that the building where construction was taking place has since been completed, while directing the DCF to examine the tree again.
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Observing that commercial places like Nehru Place have become slums now, Delhi High Court on Wednesday said that the officers of South Delhi Municipal Corporation (SDMC) are not even bothered to read the court orders and that police officials, despite being deployed to act against unauthorised vendors, are not being guided by the corporation.
“There is something more than what meets the eye and that is what the policeman is also saying ‘what do I do? I have deployed the force and I don’t know what is to be done’ because SDMC is not playing the role of the leaders,” said the division bench of Justice Manmohan and Justice Navin Chawla.
Pulling up SDMC for not following up on its own statement on moving the Supreme Court about the 95 street vendors who have interim orders in their favour for hawking at the Nehru Place, the court said that the officers have done nothing for the last four weeks. It also noted that vendors have to follow the tehbazari conditions in the meantime.
“How far is the Supreme Court from here? How long do you take to move an application? Your officers have to realise the urgency of the situation. If tomorrow in the fire some life is lost, who will be responsible? Just because your officer could not send one letter from one table to the other, some life will be lost,” said the court.
The high court initiated a suo motu case on August 13 after a fire incident took place in a building at Nehru Place. On October 7, the bench directed the authorities to earmark a lane for emergency services so that the fire brigade and ambulance can reach Nehru Place at the earliest without any hindrance, and ensure that no illegal vendors hawk in and around it.
On Wednesday, the court warned SDMC against using court orders to increase the license fee. “Don’t use our court orders to increase some rates. Don’t use us. We will come down on you with a ton of bricks. Don’t spoil our good name. Don’t say we are being strict and tough, therefore the rates need to go higher, that should not happen. Some officer will lose his job,” it added.
The court also questioned SDMC for not disclosing that vendors were keeping their goods at Nehru place even after working hours. “Was this not your job to disclose? I don’t know why they pay these officers. If we have to do their duties, then we will do it….then don’t pay them. Our October 7 order has not been implemented at all,” it said further.
Meanwhile, the division bench of Justice Vipin Sanghi and Justice Jasmeet Singh, in a separate matter related to Chandni Chowk, said that there was no “political will” to act against illegal hawkers and directed North Delhi Municipal Corporation (NDMC) to immediately start the process for preparing a plan under the Street Vendors Act in consultation with experts.
“Why are we wasting our time and trying to set it in order when everybody is out to scuttle the efforts,” observed the bench, adding that the vending needs to be properly regulated so that the vendors can earn their living and at the same time it is convenient for the people to buy goods and services.
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The Delhi High Court Monday said that Delhi would become a ‘jungle’ in case everyone is allowed to start street hawking in the city, and asked the authorities, including the municipal bodies, to initiate the process of preparing the street vending plan as mandated under the Section 21 of the Street Vendors Act.
“There has to be a plan. There has to be a survey by a committee, Nothing of that (sort) has happened. The plan has not been even prepared. It cannot be that in the meantime the whole city is open. Anybody can walk in and start hawking and vending. The whole city will become a jungle… jungle raj, This cannot be permitted,” said the division bench of Justice Vipin Sanghi and Justice Amit Bansal during the hearing of a petition seeking removal of vendors from Connaught Place.
The court, on October 11, had directed the North Delhi Municipal Corporation and Delhi Police to remove illegal encroachers and vendors from Connaught Place. On Monday, the bench was informed that action has been taken, five FIRs have also been registered and certain goods have also been confiscated.
Addressing the Delhi government and the local authorities, the division bench Monday said that experts from the Public Works Department, School of Planning and Architecture, IIT and other planning bodies need to be consulted for the formulation of a plan on street vending which would include the specifications for density of vendors and norms for walkways in markets.
“We take the Act, the rules and the scheme are good, the problem we are seeing is in the implementation. Our objective is to not take it adversely. We want all the wings of administration, whether the GNCTD or corporations, to implement the provisions of the Act, then to our mind, we will have a city where it will be an organised activity of vending,” said the court, adding that street vending is an age-old activity.
However, the court continued, “We don’t want to curb it but we don’t want it to become a menace at the same time that you cannot even walk through the market or your pockets are picked because there is too much crowding. Therefore if a plan were to be prepared, you would be able to identify how many vendors you can accommodate”.
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