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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-Mr. Tayyab Ali under Article 226 of the Constitution of India, inter alia, seeking directions to the Respondents to identify and demarcate the specific street vending site of the Petitioner and to issue a revised Certificate of Vending (hereinafter, ‘CoV’) to the Petitioner.
The case of the Petitioner is that he is a person with 50% locomotor disability. In this regard the disability certificate of the Petitioner from Pt. Madan Mohan Malaviya Hospital has been placed on record.
The Petitioner is running a tyre puncture vend opposite to Milli Model School, Abul Fazal Enclave-I, Jamia Nagar, Okhla, New Delhi-110025. According to the Petitioner, this is his sole source of livelihood.
The Petitioner has been issued a provisional CoV bearing URI No. 8677657, under the category of ‘Others’ for Central Zone, Ward, S-101.
However, the grievance of the Petitioner is that the provisional CoV of the Petitioner does not reflect the exact vending site of the Petitioner, due to which the Petitioner had to face several hardships while carrying out his vending activities.
The photographs which has been annexed with the present petition have been perused by the Court and are set out below:
The Court has heard ld. Counsel for the Petitioner and Ms. Puja S. Kalra, ld. Standing Counsel for the Municipal Corporation of Delhi.
The question of issuance of revised CoV to the Petitioner is dependent upon the Town Vending Committee, NDMC- II (hereinafter, ‘TVC-II’). However, since the TVC- II is yet to arrive at a decision for the Petitioner and considering his locomotor disability, as also the photographs showing the vend, it is directed that the Petitioner shall not be disturbed from his present vending position opposite to Milli Model School, Abul Fazal Enclave-I, Jamia Nagar, Okhla, New Delhi-110025.
However, the Petitioner is being allowed to vend from the aforesaid site subject to him complying with the terms and conditions of provisional CoV. In addition, the Petitioner shall not cause any traffic congestion near the vending area.
The present petition is disposed of in the above terms. Pending applications, if any, are also disposed of.