- (1.) Leave granted.
(2.) This appeal by special leave is directed against the judgment dated 13.11.2014 of the Division Bench of the Delhi High Court, which dismissed the Letters Patent Appeal preferred by the appellant against the decision of learned Single Judge of the High Court, which dismissed the appellant's writ petition challenging the order dated 03.12.2013 issued by the Enforcement Department, New Delhi Municipal Council (NDMC) deciding to relocate the appellant (a squatter) from his existing site outside Supreme Court to a site near Gate of Baroda House adjacent to the existing stalls due to security reasons.
(3.) The appellant's case in brief is that since 1965 he was squatting in the area of Chandni Chowk as a Hawker selling cloths and thereafter Tehbazari of selling tea was given by the NDMC to him at Bhagwan Das Road and he remained there till 1982, when he was shifted to the present place opposite to the Supreme Court. In 1989, a large number of writ petitions claiming a right to trade on the pavements in different parts of Delhi were filed under Article 32 of the Constitution and the Apex Court appointed a Committee known as Thareja Committee to examine the claims made by the squatters in the light of Scheme prepared by the NDMC and the decision in Sodan Singh vs. New Delhi Municipal Corporation, 1989 4 SCC 155 to identify street pavement in different areas where the street hawking could be regulated without being a hindrance to general public. On the application of the appellant before the Thareja Committee, in May, 1999, he had been allotted one stall bearing size 6' x 4', opposite Supreme Court, towards Bhagwan Das Road and near Office Complex of Supreme Court Lawyers and Purana Quila Road Bungalows in May, 1999 by Director (Enforcement) NDMC, New Delhi.;