Mohd Firoj & Ors. vs Municipal Corporation Of Delhi Through Its Commissioner Dr SP Mukherjee & Ors.

SIDDHARTH MRIDUL, J. (OPEN COURT)

Exemptions allowed, subject to just exceptions.

The applications are disposed of accordingly.

The present writ petition under Article 226 of the Constitution of India, 1950, has been instituted on behalf of the petitioners, praying as follows:-

Issue notice.

Ms. Tajinder Virdi, learned Standing Counsel, accepts notice on behalf of the MCD and Mr. Laksh Khanna, learned counsel accepts notice on behalf of the GNCTD.

Learned Standing Counsel appearing on behalf of the MCD, has invited our attention to the terms and conditions, permitting the petitioners to vend.

For the sake of completeness, the said terms and conditions attached to the Certificates of Vending, are reproduced herein below:-

In terms of the Certificates of Vending issued to the petitioners, it is clearly stipulated that they cannot vend from any particular location, contrary to the express terms of Clause no. ‘11’, of the said Certificates of Vending. It is further observed that since the Town Vending Committee (TVC) is yet to fix a time limit, providing for a period, during which a vendor can vend from any particular spot, the stipulation of 30 minutes time, contained in the said clause, is binding on the petitioners, at this stage. Learned counsel appearing on behalf of the petitioners states, that they do not pray for the relief of running their business from any particular vending site, within the zone where he has been permitted to vend by the Municipal Corporation of Delhi, and further, the limited relief that is prayed for, is to permit the petitioners to vend strictly, in accordance with the terms and conditions of the Certificates of Vending, issued by the Municipal Corporation of Delhi.

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, the following petitioners have been issued certificates of vending, which are annexed as Annexure P-4, to the present writ petition.

In view of the foregoing, learned counsel appearing on behalf of the petitioners, categorically limits the relief in the present writ petition, to a direction to the Municipal Corporation of Delhi, to permit the above-mentioned street vendors, to continue to vend within City-SP Zone, Ward-84-N, strictly and scrupulously in compliance with the terms and conditions of the said certificate of vending, particularly Clause no. 11, and in accordance with law.

In view of the above, the present writ petition is partly allowed; and the Municipal Corporation of Delhi is directed to permit the above-mentioned petitioners/street vendors, to vend within City-SP Zone, Ward-84-N, subject to the terms and conditions of their certificates of vending, without any let or hindrance.

Needless to state that, insofar as prayer clause (d) is concerned, the petitioners will be at liberty to prosecute their representations, appended to this petition, before the appropriate authorities, in accordance with law, in relation to the certificate of vending.

No further directions are prayed for.

With the above directions, the writ petition is disposed of accordingly.

A copy of this judgment be uploaded on the website of this Court forthwith.