Delhi High Court
Mahabir & Ors. vs Municipal Corporation Of Delhi & ... on 26 September, 2022
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10608/2022, CM APPL. 30726/2022, CM APPL.
32742/2022 & 32743/2022
Reserved on: 14th September, 2022
Pronounced on: 26th September, 2022
MAHABIR & ORS. ..... Petitioner
Through: Mr. Shivam Kumar and Mr.
Gaurav Mishra, Advocates
versus
MUNICIPAL CORPORATION OF DELHI
& ORS. ..... Respondent
Through: Mr. Tushar Sannu, Standing
Counsel with Ms. Pooja
Gupta, Advocates for MCD.
Ms. Urvi Mohan, Advocate for
Delhi Police/GNCTD.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE AMIT SHARMA
Judgment
AMIT SHARMA J.
1. The present writ petition preferred on behalf of the petitioners
prays as follows:
"(i) Declare that the actions of the respondents of
demolishing/breaking asunder the shops of the
petitioners and their sole means of livelihood are illegal,
arbitrary and violative of Fundamental Rights of the
Street Vendors (Petitioners). And/or
Signature Not Verified
By:ANITA BAITAL
Signing Date:28.09.2022
15:03:07
(ii) Issue a writ in the nature of Mandamus or any other
appropriate writ(s), order(s) or direction(s),
permanently restraining the respondents from creating
any obstruction or impediment or from taking any other
coercive action against the Street Vendors which may
directly or indirectly interfere with their Right to
Livelihood as enshrined under Article 21 of the
Constitution of India. And/or
(iii) Issue a writ in the nature of Mandamus, or in the
nature of prohibition, or any other appropriate writ(s),
order(s) or direction(s), directing the respondents not to
evict, restrain, demolish, or disturb Street Vendor's
small business, till the final disposal of this instant Writ
Petition. And/or
(iv) Direct the Respondent No. 1 to pay compensation
and punitive damages in the amount of Rs. 50,000/-
each for demolishing the shops of the Street Vendors,
infringing their fundamental and statutory rights, and
for their pain, harassment and suffering"
2. It is the case of the petitioners that they have been vending on
their respective sites on the basis of vending certificate issued to them
from the competent authority and despite the same, respondent/MCD
has been removing the shops of the petitioners from the said sites.
The aforesaid action, as per the petitioners, is arbitrary and illegal in
as much as no notice, as mandated by Section 18 (3) of the Street
Vendors (Protection of Livelihood and Regulation of Street Vending)
Act , 2014 which provides for giving a minimum 30 days notice, for
taking any such action qua the vendors was given. In this factual
context the petitioners have made the aforesaid prayers.
Signature Not Verified
By:ANITA BAITAL
Signing Date:28.09.2022
15:03:07
3. At the very outset, we are of the opinion that the prayers made
in the present writ petition are not maintainable in view of the
averments made in the petition and the documents attached therewith.
4. By way of prayer (i), the petitioners have sought a declaration
that "the actions of the respondents of demolishing/breaking asunder
the shops of the petitioners and their sole means of livelihood are
illegal, arbitrary and violative of Fundamental Rights of the Street
Vendors (Petitioners)". The said prayer, on the face of the documents
attached by the petitioners cannot be granted. The petitioners have
placed reliance on the certificates of vending issued to them by the
South Delhi Municipal Corporation bearing URI numbers 4974464,
1781142, 4686896 and 3440563, respectively.
5. It is noted that the vending certificates attached by the
petitioners in support of their right to vend have stipulated mandatory
conditions, which are required to be complied with by the vendors.
One of the conditions viz no. 14 to the said certificate is "no
permanent or temporary structure will be erected/constructed by the
seller at the point of sale". Thus, in our view, the admission of the
petitioners to the existence of their 'shops', which have been
demolished/broken, is prima-facie a violation of the aforesaid
condition stipulated in the subject vending certificate. A translated
copy of one such certificate attached with the petition as Annexure
P1-Colly is reproduced below:
Signature Not Verified
By:ANITA BAITAL
Signing Date:28.09.2022
15:03:07
South Delhi Municipal Corporation
Vending Certificate
(C.O.V.)
URI: 4974464
Name of Street Vendor Mahabir
Sex/age Male/67
Father's/Mother's/Husband's Ram Anuj / Kailashi Devi
name
Aadhar Card number, if any 702715254711
Mobile Number 9953691222
Type of Vendor Fresh fruits/ Vegetables/ Perishables
The zone where the vendor has South Zone, Ward- S- 63*
given permission to sale
Per month license fee (could be
increased from time to time)
Time of issuance of COV
Signature of authority
Stamps
Validity of Registration: Initially valid for five years from the date
of issue and renewal after every five years and subject to
fulfillment of the condition of Tahbazari/vending. (CoV) is non-
transferrable.
The said Vending Certificate will be valid till the Vending Zone is
determined.
After determination of the vending zone, new certificate according
to the scheme along-with G.I.S. data will be issued.
Signature Not Verified
By:ANITA BAITAL
Signing Date:28.09.2022
15:03:07
CONDITIONS FOR CERTIFICATE OF VENDING
1. The seller should not have got any other permanent or long term sales
certificate.
2. Vendor certificate will be non-transferable.
The seller is required to adhere to the sale period and zone prescribed by
the TVC and the local body.
3. The Seller will not give on rent/lease the certificate of sale, in
whatever condition it may be, in any manner.
5. The seller should not currently have any communicable disease.
6. Cleanliness will be maintained by the seller in the selling place/zone
and the surrounding area and the health of the public will be taken care
of.
7. Vendor has to at all time display a copy of Certificate of sale at a
prominent place on the vending place/zone and will have to show
necessary document to the TVC/ concerned inspector if required.
8. All reasonable efforts will be made by the street vendor so that
pedestrians and traffic are not obstructed in any way.
9. Seller will not sell any harmful, dangerous and polluted items. This
should also be ensured that the products sold and the services provided to
the public is of the prescribed public health hygiene condition and other
safety standards.
10. The street vendor shall not do any unauthorized / illegal activity.
11. The Mobile Vendor shall not stay at any place in any
Hawking/Vending Zone for more than 30 minutes or as prescribed by the
TVC or carry out any sales activity. Vendor shall not stay in any non-
vending zone or conduct any sales activity.
12. Vendors shall not block footpaths and shall not carry out sale
activities on roads. Care should be taken to walk on footpath in front of
vending counters/stalls.
13. Violations may result in cancellation or suspension of the certificate
of sale.
14. No permanent/temporary structure will be erected/constructed by the
seller at the point of sale.
15. The seller will have to comply with the health and hygiene conditions
in accordance with the local laws and orders of the courts.
16. Vendor has to comply with all the conditions mentioned in Delhi Rail
Vendor Livelihood Protection by Delhi Government and the Sales
Regulation Scheme 2019.
6. Even otherwise, apart from the bald assertions made in the
petition, that shops of the present petitioners were
Signature Not Verified
By:ANITA BAITAL
Signing Date:28.09.2022
15:03:07
demolished/broken, the petitioners have not placed on record any
document or material to show that any action was taken by the
respondent as alleged. It is pertinent to observe that it has been
averred in the petition that the petitioners still continue to vend at the
respective sites.
7. Prayer (ii) to (iv) stem from the main prayer (i), which in our
opinion is in direct conflict with the mandatory conditions stipulated
in the vending certificate relied upon by the petitioners. No direction
or relief can be granted to permit something which is otherwise
impermissible in law or prohibited by an existing covenant, as in the
case of the present petitioners. As pointed out hereinbefore, the
petitioners seek to legitimise their action which is violative of the
condition stipulated in the vending certificate. Admittedly, the
petitioners are presently vending and cannot therefore, seek interim
consequential directions in the present circumstances wherein the
main relief is itself not maintainable. The prayer for compensation
will also stand on a similar footing.
8. In view of the foregoing, we are of the considered opinion that
the prayers made in the present writ petition are not maintainable and
therefore, the writ petition is dismissed.
9. The writ petition accordingly stands disposed of.
AMIT SHARMA
JUDGE
SIDDHARTH MRIDUL
TH
SEPTEMBER 26 , 2022/hb JUDGE
Signature Not Verified
By:ANITA BAITAL
Signing Date:28.09.2022
15:03:07
