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Judgment
SIDDHARTH MRIDUL, J. (OPEN COURT)
The present writ petition under Article 226 of the Constitution of India, 1950, has been instituted on behalf of the petitioner, praying as follows:-
“(a)It is therefore, most respectfully prayed that a writ of mandamus or any other appropriate writ may kindly be issued thereby directing the respondents not to interfere in the running of his business or cause any disturbance in the functioning of his food stall from the vending site in Central Zone, Ward-S-55, S.D.M Office, Aggarwal Road, Daryaganj, Delhi-110002 recommended by Town Vending Committee vide letter dated 22/09/2020 and as shown in site plan.
(b)Any other or further relief which this hon’ble court may deem fit and proper in the circumstances of the case may also be granted.”
Issue notice.
Mr. Abhinav Swaroop, learned Counsel, accepts notice on behalf of the respondent No. 1/Municipal Corporation of Delhi (MCD) and Mr. Abhinav Garg, learned Panel Counsel accepts notice on behalf of Government of NCT of Delhi (GNCTD).
Learned counsel appearing on behalf of the GNCTD, has handed-up in the Court today, the terms and conditions, permitting the petitioner to vend.
5 Let the same be taken on the record. For the sake of completeness, the said terms and conditions attached to the Certificate of Vending, are reproduced herein below:-
“1.Vendor shall not have any other permanent or long-term vending certificate.
2.Vending certificate is non-transferable.
3.It is mandatory for the vendor to follow the vending period and zone as determined by TVC or local body.
4.Vendor shall not give his vending certificate on rent in any way.
5.Vendor shall not haveany infectious disease.
6.Vendor shall have to take care of hygiene on vending place/zone and nearby area and also take care of public health.
7.Vendor shall display copy of vending certificate on his place/vending siteand will produce original documents to TVC/concernedinspectorwhenever required.
8.Vendor/Squatter shall insure that no hindrance be caused to pedestrian and vehicular moment.
9.Vendor shall not vend/sell any harmful, dangerous and polluteditems.It should also be ensured that the quality of the products sold and services provided to the public conform to the prescribed standardsofpublic health, hygienicconditionsand safety.
10.The street vendor shall not do any unauthorized/illegal activity.
11.Mobile vendors shall not stay or vend more than 30 minutes or time prescribed by the TVC at place in a vending/squatting zone.
12.Vendors will not block footpaths and will not vendon roads. Vendor shouldtake care of space in frontof vending stalls/counters on footpath for pedestrians.
13.Vending certificate can be cancelled or suspended on thebasis of violations.
14.Vendor shall not build or construct any kind of permanent or temporary structure at vending site.
15.Seller shall adopt health and hygiene conditions as required by local laws and court orders.
16.Vendor have to follow all theconditions mentioned in Delhi Street Vendors (Protection of Livelihoodand Regulation of Street Vending) Scheme, 2019.”
It is an admitted position that the Town Vending Committee (TVC), has in terms of the directions issued by this Court, from time to time, as well as, in terms of the mandate of Section 3 (Survey of street vendors and protection from eviction on relocation) and Section 4 (Issue of certificate of vending) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, carried out a survey, in some of the areas under the MCD zones; pursuant to which,Mr. Ashwani Sharma has been issued a certificate of vending dated 07.11.2021, URI: 5895408, which is annexed as Annexure C, to the present writ petition.
In view of the foregoing, learned counsel appearing on behalf of the petitioner, seeks a solitary relief in the present writ petition, i.e., to a direction to the Municipal Corporation of Delhi, to permit Mr. Ashwani Sharma to continue to vend within Central Zone, Ward-S-55, strictly and scrupulously in compliance with the terms and conditions of the said certificate of vending and in accordance with law.
In view of the above, the present writ petition is allowed; and the Municipal Corporation of Delhi is directed to permit Mr. Ashwani Sharma, to vend within Central Zone, Ward-S-55, subject to the terms and conditions of the said certificate of vending dated 07.11.2021, without any let or hindrance.
No further directions are prayed for.
With the above directions, the writ petition is disposed of accordingly. The pending application also stands disposed of.
A copy of this judgment be uploaded on the website of this Courtforthwith.