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Judgment
Prathiba M. Singh, J. (Oral)
This hearing has been done through hybrid mode.
The present petition has been filed by the Petitioner -Shabbir Khan under Article 226 of the Constitution of India, inter alia, seeking directions to the Respondents to allow the Petitioner to peacefully vend from the designated site i.e., near Moti Bagh Gurudwara, Nanakpura, Foot Over Bridge, New Delhi - 110021, South/Vasant Vihar.
The Petitioner, who is a street vendor has been issued a Certificate of Vending (hereinafter ‘CoV’) bearing no. URI No. 009420 by the Municipal Corporation of Delhi (hereinafter, ‘MCD’) in the category of ‘Others (Goods)’. The Petitioner is a person suffering from 80% locomotor disability, in view of amputation of his left upper limb. The photograph of the vend of the Petitioner has been placed on record, which is extracted below:-
The Petitioner is running a mobile cart selling packaged food items and daily commodities in the Satya Niketan/Vasant Vihar area. The case of the Petitioner is that he is not being allowed to peacefully vend and thus, the prayer is for stopping the harassment which the Petitioner is facing.
Ms. Meherunnisa A. Jaitley, ld. Counsel for the MCD submits that the cart of the Petitioner has been put up in a busy main road in Satya Niketan/Vasant Vihar where many commuters tend to stop to buy some food items. This results in traffic congestion and traffic jams in the main road. Ld. Counsel for the MCD submits that Assistant commissioner, MCD would identify the place in the vicinity itself, where the Petitioner can put up the cart.
Considering the submissions made on behalf of the parties, it is directed as under:
The concerned Assistant Commissioner, MCD shall identify a spot/space where the Petitioner can put up his vend without creating any traffic congestion within one week and communicate the same to the Petitioner;
The Petitioner shall comply with the terms and conditions of the CoV. The said terms and conditions read as under:
“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”
iii) Since, the Petitioner is a specially abled person, the Petitioner is exempted from complying with the Condition No. 11 i.e., of being a mobile vendor. All the remaining conditions of the CoV which are extracted above shall be complied with;
iv) The Petitioner shall restrict himself to a particular space, where he is operating from, and shall not extend/encroach to the pedestrian areas or cause obstruction in movement of pedestrians;
The Petitioner shall also be obliged to maintain cleanliness and hygiene around the vend, which he is working from and shall ensure the presence of a dustbin near the vend; and
vi) No permanent or temporary construction shall also be erected by the Petitioner.
The above stated directions shall be subject to any plan which the Town Vending Committee–II may be coming up with in terms of Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and no vested rights shall be claimed.
Subject to the above, the Petitioner shall not be disturbed from carrying out his vending activities.
The S.H.O. of the concerned area shall continue to monitor the vend of the Petitioner to ensure that the Petitioner does not start vending on the main road under the footover bridge.
A copy of this order be communicated to Mr. Ritesh Kumar Bahri, ld. APP by the Registry for necessary information and compliance.
Petition is disposed of in the above terms. Pending applications, if any, are also disposed of.