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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 under Article 226 of the Constitution of India, inter alia, seeking directions to the Respondents to allow the Petitioner to peacefully vend from the vending site i.e., on the open space Madhya Marg, opposite booster pump, Tughlakabad extension, Central Zone, Ward S-82, New Delhi.
The case of the Petitioner is that he is a street vendor, who has been vending from the vending site for several years.
The Petitioner has been issued a Certificate of Vending (hereinafter, ‘CoV’) bearing URI No. 2171103 under the category of “Others” for Central Zone, Ward S-82. The Petitioner has been selling ready made garments on a mobile cart.
The photograph of Petitioner’s vend is placed on record. The same is set out below:
The grievance of the Petitioner is that he is not being allowed to peacefully vend his wares and is being repeatedly obstructed by the concerned officials of the Municipal Corporation of Delhi and Delhi Police.
Ld. Counsel for the MCD submits that the terms and conditions of vending makes it clear that the Petitioner has to be a mobile vendor.
It is further submitted by ld. Counsel for the MCD that the CoV of the Petitioner is in the category of “Others”, and the conditions which are applied to the vending are as under:-
The Court has considered the matter. The Petitioner has to strictly comply with the terms and conditions of the CoV and continue to operate as a mobile vendor. The Petitioner cannot stay at any particular place for more than 30 minutes.
Subject to above, the Petitioner’s vending activity shall not be disturbed.
The petition is disposed of in the above terms. Pending applications, if any, are also disposed of.