Rehri Patri Ekta Manch Subhash Park & Ors. vs MCD & Ors.

SIDDHARTH MRIDUL, J. (OPEN COURT)

CM APPL. 49520/2023 (for deleting the petitioner Nos. 6, 8 and 25 from the array of memo of parties and to put on record the amended memo of parties)

The present application under Section 151 of the Code of Civil Procedure (CPC), 1908, has been instituted on behalf of the applicants/petitioner Nos. 6, 8 and 25, praying as follows:-

Issue notice.

Ms. Puja Kalra, learned Standing Counsel, accepts notice on behalf of the non-applicant/respondent No. 1/MCD and Mr. Sanjay Lao, learned Standing Counsel (Criminal) accepts notice on behalf of the non-applicants/respondent Nos. 3 and 4/SHO and fairly do not oppose the present application.

In view of the foregoing and the reasons stated in the application, which is duly supported by an affidavit, the same is allowed and resultantly, the names of the petitioner No. 6, namely, Mr. Ateequr Rehman, petitioner No.8, namely, Mr. Saeed Ud Din and petitioner No.25, namely, Mr. Ameenuddin, are deleted from the array of memo of parties, in the accompanying writ petition.

The application is disposed of accordingly.

Let the amended memo of parties be taken on the record forthwith.

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. Puja Kalra, learned Standing Counsel, accepts notice on behalf of the respondent No. 1/MCD and Mr. Sanjay Lao, learned Standing Counsel (Criminal) accepts notice on behalf of the respondent Nos. 3 and 4/SHO.

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 Certificate 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 vendors 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 zones where they have 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 dated 31.01.2022 and 12.04.2022, 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-3, to the present writ petition.

In view of the foregoing, learned counsel appearing on behalf of the petitioners, seeks a solitary relief in the present writ petition, i.e. a direction to the Municipal Corporation of Delhi, to permit the above-said petitioners, to continue to vend within City-SP Zone, Ward-85-N, strictly and scrupulously in compliance with the terms and conditions of the said certificates of vending, particularly Clause no. 11, 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 the above-said petitioners, to vend within City-SP Zone, Ward-85-N, subject to the terms and conditions of the said certificates of vending dated 31.01.2022 and 12.04.2022, without any let or hindrance.

Needless to state that the petitioners will be at liberty to articulate the difficulties faced by them, before the appropriate authorities i.e. Town Vending Committee (TVC), at the time they carry out the subject survey, in accordance with law, in relation to the certificates of vending, insofar as it employs the expression ‘Others’.

No further directions are prayed for.

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

The date already fixed i.e. 16.10.2023, stands cancelled.

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