Lok Sabha Question No. 525 (UNSTARRED), answered on 2017-12-19
Subject: Tahbazari under NDMC
Ministry: HOME AFFAIRS
Asked by: Richard Hay

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 525

TO BE ANSWERED ON THE 19 TH  DECEMBER, 2017/ AGRAHAYANA 28, 1939 (SAKA)

TAHBAZARI UNDER NDMC

525.  PROF. RICHARD HAY:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  the details of criteria adopted/rules prescribed with regard to transfer of allotted  tahbazari  under  the  control  of  New  Delhi  Municipal  Corporation (NDMC)  areas  in  the  name  of  family  members  (legal  heirs)  of  the  allotted persons of tahbazari;
- (b) the details of requests to received from the legal heirs (family members) of allotted persons of tahbazari in the area of Indian Oil Building site, Janpath along with the action taken in each request;
- (c) the details of such cases relating to the said site pending with the NDMC along with the reasons therefor, case-wise; and
- (d) the steps being taken by the NDMC to transfer the tahbazari in the name of legal heirs and the time by which the pending cases are likely to be cleared?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR)

(a):  The New Delhi Municipal Council(NDMC) has informed that as per Section 5(2) of the Street Vendors (Protection of Livelihood) and Regulation of Street Vending) Act, 2014, where a street vendor to whom a certificate of vending is issued dies or suffers from any permanent disability or is ill, one of his family members in the following order or priority, may vend in his/her place, till the validity of the certificate of vending:-

- a)  spouse of the street vendor; and
- b) dependent child of the street vendor;

Provided that where a dispute arises as to who is entitled to vend in place of the vendor, the matter shall be decided by the Committee under Section 20.

(b): The details of requests received from the legal heirs (family members) is attached as Annexure-'A.'

- (c)  &  (d):    The  details  of  requests  pending  from  the  legal  heirs  (family members) is attached as Annexure-'A.'

The  NDMC  has  informed  that  in  terms  of  Section  38  of  the  Street  Vendors (Protection  of  Livelihood  and  Regulation  of  Street  Vending)  Act,  2014,  the Government  of  National  Capital  Territory  of  Delhi  has  notified  Delhi  Street Vendors (Protection of Livelihood and Regulation of  Street Vending) Scheme, 2016.  In this regard, a survey was conducted w.e.f. 25.07.2016 by the Town Vending Committee constituted under the scheme in NDMC area.

However, the High Court of Delhi vide its order dated 08.08.2016 in the Writ Petition (Civil) No.6622/2015 in the matter of Janodaya Ekta Samiti (Regd.) Vs. Govt. of NCT of Delhi & others has stayed the Street Vendor Scheme, 2016 of Delhi Govt. The Govt. of NCT of Delhi has informed that necessary steps to renotify the scheme under the Act would be taken.

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## LS.US.Q.No.525 FOR 19.12.2017

## Annexure-'A'

## The details of requests received/pending for transfer of tehbanzari on legal heir basis.

|   Sl. No. | Name                                       | Site Name                         | Area Date of submission   |
|-----------|--------------------------------------------|-----------------------------------|---------------------------|
|         1 | Smt. Champa                                | 108-T-32 Janpath                  | 2016                      |
|         2 | Chand Prakash S/o Late Shri Sirf Nath      | 112-M-02 Janpath                  | 04.09.2017                |
|         3 | Smt. Banti Devi                            | 202-M-03 Masonic Janpath Lane     | 2016                      |
|         4 | Smt. Meera Devi W/o Late Shri Siphal Singh | Indian Oil Building- M-15 Janpath | 21.08.2017                |
|         5 | Smt. Rajeshwari w/o Late Shri Narain       | IOB-M-42 Janpath Mini Market      | 21.08.2017                |
|         6 | Babu S/o Late Shri Prahlad Ram             | IOB-T-45 Janpath Mini Market      | 22.08.2017                |
|         7 | Shri Harvan S/o Late Shri Bhure Ram        | IOB-T-19 Janpath                  | 22.06.2017                |
|         8 | Shri Ramkrishan S/o Smt. Kranti Devi       | IOB-T-17 Janpath                  | 04.01.2017                |

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