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Judgment
SIDDHARTH MRIDUL, J. (OPEN COURT)
CM APPL. 46247/2023 (Exemption)
Exemption allowed, subject to all just exceptions.
The application stands disposed of accordingly.
W.P.(C) 11838/2023
The present writ petition under Article 226 and Article 227 of the Constitution of India, has been instituted on behalf of the petitioners, praying as follows:-
“In the above-mentioned facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to:
(A)Pass an Order directing the respondents to ensure that the petitioners be allowed to peacefully vend on her vending site, on Cycle Market, Splended Road, City-Sp Zone, Ward-84-N, Chandni Chowk, Delhi 110006, in accordance with the provisions of the Street Vendors (Protection Of Livelihood And Regulation Of Street Vending) Act, 2014, without any hindrance being caused by any public official; &
(B)Pass an order directing the respondents, their officials, their agents etc. be restrained from harassing the petitioners from peacefully vending at their vending sites; &
(C)Pass an order directing the SHO, PS Kotwali, Chandini Chowk to ensure that the petitioners street vendor shall not be forcefully removed from his vending site; &
(D)Award costs of filing this Petition to the Petitioners; &
(E)Pass any such directions or order which this Hon’ble court deems fit and proper in the facts and circumstances of the above mentioned case.”
Issue notice.
Mr. Puneet Yadav, learned Additional Standing Counsel, accepts notice on behalf of the respondent No. 1/MCD and Mr. Divyam Nandrajog, learned Panel Counsel, GNCTD, accepts notice on behalf of the respondent Nos. 3, 4 and 5.
Learned Additional 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:-
“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 have any 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 site and will produce original documents to TVC/concerned inspector whenever 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 polluted items. It should also be ensured that the quality of the products sold and services provided to the public conform to the prescribed standards of public health, hygienic conditions and 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 vend on roads. Vendor should take care of space in front of vending stalls/counters on footpath for pedestrians.
13.Vending certificate can be cancelled or suspended on the basis 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 the conditions mentioned in Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019.”
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.
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-6, to the present writ petition.
| S.NO. | NAME OF THE STREET VENDORS | DATE OF ISSUE OF VENDING CERTIFICAT E | PLACE OF VENDING | VENDING CERTIFIC ATE (URI) | CATEGORY OF THE COVISSUED |
|---|---|---|---|---|---|
| 1 | Mr. Sanjay Kumar | 07.11.2021 | City-SP Zone, Ward-84-N | 4228579 | Others |
| 2 | Mr. Ashok Dhawan | 07.11.2021 | City-SP Zone, Ward-84-N | 1220864 | Others |
| 3 | Mr. Prabhat Khanna | 07.11.2021 | City-SP Zone, Ward-84-N | 6393770 | Others |
| 4 | Mr. Ramji Gupta | 07.11.2021 | City-SP Zone, Ward-84-N | 7303490 | Others |
| 5 | Mr. Devi Prasad | 07.11.2021 | City-SP Zone, Ward-84-N | 1221454 | Others |
| 6 | Mr. Mukhtar Ahmed | 07.11.2021 | City-SP Zone, Ward-84-N | 4268477 | Others |
| 7 | Mr. R.K. Mishra | 07.11.2021 | City-SP Zone, Ward-84-N | 6137856 | Others |
| 8 | Mr. Raju | 07.11.2021 | City-SP Zone, Ward-84-N | 3043899 | Others |
| 9 | Mr. Suraj Sharma | 07.11.2021 | City-SP Zone, Ward-84-N | 4353268 | Others |
| 10 | Mr. Kishor Thakur | 07.11.2021 | City-SP Zone, Ward-84-N | 7177739 | Others |
| 11 | Ms. Sunam Devi | 07.11.2021 | City-SP Zone, Ward-84-N | 3832429 | Others |
In view of the foregoing, learned counsel appearing on behalf of the petitioners, categorically limits the relief in the present writ petition, i.e. to a direction to the Municipal Corporation of Delhi, to permit the aforesaid petitioners to continue to vend within City-SP Zone, Ward-84-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 partly allowed; and the Municipal Corporation of Delhi is directed to permit the petitioners to vend within City-SP Zone, Ward-84-N, subject to the terms and conditions of the aforementioned certificates of vending dated 07.11.2021, 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, 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.
A copy of this judgment be uploaded on the website of this Court forthwith.