Delhi High Court
Mohd Firoj And Ors vs Municipal Corporation Of Delhi ... on 16 August, 2023
$~S-58
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 16.08.2023
W.P.(C) 10796/2023
MOHD FIROJ AND ORS ..... Petitioners
Versus
MUNICIPAL CORPORATION OF DELHI THROUGH ITS
COMMISSIONER DR SP MUKHERJEE AND ORS.
.... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Aditya, Mr. Kamlesh Kumar Mishra, Mr. Kailash
Jha, Mr. Bibhuti Bhushan Mishra, Mr. Anjani Kumar
Mishra & Mr. Dipak Raj, Advocates.
For the Respondents : Ms. Tajinder Virdi, Standing Counsel for MCD with
Ms. Preeti Giri, Ms. Chetna Dhudheria, Advocates for
MCD.
Mr. Laksh Khanna, Advocate for GNCTD.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE ANISH DAYAL
JUDGMENT
Signature Not Verified SIDDHARTH MRIDUL, J. (OPEN COURT)
By:DURGESH NANDAN
Signing Date:23.08.2023
11:29:04
CM APPL. 41834/2023 (Exemption) & CM APPL. 41835/2023
(Exemption)
1. Exemptions allowed, subject to just exceptions.
2. The applications are disposed of accordingly.
W.P.(C) 10796/2023
1. The present writ petition under Article 226 of the Constitution of
India, 1950, has been instituted on behalf of the petitioners, praying as
follows:-
It is most respectfully prayed that this Hon'ble Court may
be pleased to:
a) Issue an appropriate Writ of mandamus or any other
appropriate writ, order or directions thereby directing the
respondents to ensure that the petitioners Street Vendors be
allowed to peacefully vend in terms of the vending
certificate issued to them, on their vending sites i.e., in Old
Lajpat Rai Market, City-SP Zone, Ward-84-N, More Sarai
Road and Deewan Hall Road, Delhi- 110006 without any
hindrance being caused by any public official;
b) Issue an appropriate Writ of mandamus or any other
appropriate writ, order or directions thereby directing the
SHO, PS Kotwali to ensure that the street vendors of the
petitioner association shall not be forcefully removed from
their vending site;
c) Issue an appropriate Writ of mandamus or any other
appropriate writ, order or directions thereby directing the
respondents, their officials, their agents etc. be restrained
from harassing the petitioners from peacefully vending at
their vending sites even in the future;
d) Issue an appropriate Writ of mandamus or any other
appropriate writ, order or directions thereby directing the
Signature Not Verified
By:DURGESH NANDAN
Signing Date:23.08.2023
11:29:04
respondent MCD to rectify the certificates of the
Petitioners to 'Stationery street vendors' as details in the
vending certificate issued to the petitioners.
e) Pass an order for quashing and setting aside the terms of
certificate of vending printed at the back side of the
vending certificate to the extent which is not applicable to
the stationary vendors;
f) Pass such other or further order(s) as this Hon'ble Court
deems fit under the facts and circumstances of the case.
AND FOR THE ACT OF KINDNESS THE PETITIONERS
ARE DUTY
BOUND SHALL EVER PRAY
2. Issue notice.
3. Ms. Tajinder Virdi, learned Standing Counsel, accepts notice on
behalf of the MCD and Mr. Laksh Khanna, learned counsel accepts
notice on behalf of the GNCTD.
4. Learned Standing Counsel appearing on behalf of the MCD, has
invited our attention to the terms and conditions, permitting the
petitioners to vend.
5. For the sake of completeness, the said terms and conditions
attached to the Certificates 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.
Signature Not Verified
By:DURGESH NANDAN
Signing Date:23.08.2023
11:29:04
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.
Signature Not Verified
By:DURGESH NANDAN
Signing Date:23.08.2023
11:29:04
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."
6. 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 a vendor 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 zone where he has
been permitted to vend by the Municipal Corporation of Delhi, and
further, the limited relief that is prayed for, is to permit the petitioners to
vend strictly, in accordance with the terms and conditions of the
Certificates of Vending, issued by the Municipal Corporation of Delhi.
Signature Not Verified
By:DURGESH NANDAN
Signing Date:23.08.2023
11:29:04
7. 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-4, to the present writ petition.
S.NO. NAME OF THE DATE OF ISSUE PLACE OF VENDING CATEGORY
STREET OF VENDING VENDING CERTIFICATE OF THE COV
VENDORS CERTIFICATE (URI) ISSUED
1 Mohammad. Firoj 07.11.2021 City-SP Zone, 4992597 Food/Snack with
Ward-84-N gas cylinder/fire
2 Prem Kumar Shukla 07.11.2021 City-SP Zone, 9664722 Food/Snack with
Ward-84-N gas cylinder/fire
3 Tushar 07.11.2021 City-SP Zone, 1461129 Food/Snack with
Ward-84-N gas cylinder/fire
4 Kamal Deep 07.11.2021 City-SP Zone, 6790147 Food/Snack with
Ward-84-N gas cylinder/fire
5 Mukutmani 07.11.2021 City-SP Zone, 9438843 Food/Snack with
Ward-84-N gas cylinder/fire
6 Taranjeet Singh 07.11.2021 City-SP Zone, 8894164 Food/Snack with
Ward-84-N gas cylinder/fire
7 Juber Alam 07.11.2021 City-SP Zone, 5933046 Food/Snack with
Ward-84-N gas cylinder/fire
8 Nem Chand 07.11.2021 City-SP Zone, 8340607 Food/Snack with
Ward-84-N gas cylinder/fire
Signature Not Verified
By:DURGESH NANDAN
Signing Date:23.08.2023
11:29:04
9 Raheem 07.11.2021 City-SP Zone, 8382037 Food/Snack with
Ward-84-N gas cylinder/fire
10 Vechan Thakur 07.11.2021 City-SP Zone, 3643337 Food/Snack with
Rajkumar Ward-84-N gas cylinder/fire
11 Md. Israil 07.11.2021 City-SP Zone, 5542404 Food/Snack
Ward-84-N without gas
cylinder/fire
12 Tajinder Singh 07.11.2021 City-SP Zone, 3184333 Food/Snack with
Ward-84-N gas cylinder/fire
13 Asgar Alam 07.11.2021 City-SP Zone, 9159957 Food/Snack with
Ward-84-N gas cylinder/fire
14. Masud 28.02.2022 City-SP Zone, 8636061 Food/Snack with
Ward-84-N gas cylinder/fire
15 Sekh Abdul Hussain 07.11.2021 City-SP Zone, 5798864 Food/Snack with
Ward-84-N gas cylinder/fire
16 Mohd. Alam 07.11.2021 City-SP Zone, 2848866 Food/Snack
Ward-84-N without gas
cylinder/fire
8. In view of the foregoing, learned counsel appearing on behalf of
the petitioners, categorically limits the relief in the present writ petition,
to a direction to the Municipal Corporation of Delhi, to permit the above-
mentioned street vendors, to continue to vend within City-SP Zone,
Ward-84-N, strictly and scrupulously in compliance with the terms and
conditions of the said certificate of vending, particularly Clause no. 11,
and in accordance with law.
9. In view of the above, the present writ petition is partly allowed;
and the Municipal Corporation of Delhi is directed to permit the above-
mentioned petitioners/street vendors, to vend within City-SP Zone,
Signature Not Verified
By:DURGESH NANDAN
Signing Date:23.08.2023
11:29:04
Ward-84-N, subject to the terms and conditions of their certificates of
vending, without any let or hindrance.
10. Needless to state that, insofar as prayer clause (d) is concerned, the
petitioners will be at liberty to prosecute their representations, appended
to this petition, before the appropriate authorities, in accordance with
law, in relation to the certificate of vending.
11. No further directions are prayed for.
12. With the above directions, the writ petition is disposed of
accordingly.
13. A copy of this judgment be uploaded on the website of this Court
forthwith.
SIDDHARTH MRIDUL
(JUDGE)
ANISH DAYAL
(JUDGE)
AUGUST 16, 2023
Aanchal
Click here to check corrigendum, if any
Signature Not Verified
By:DURGESH NANDAN
Signing Date:23.08.2023
11:29:04
