Delhi High Court
Akash Singh vs Mcd And Ors on 16 August, 2023
$~S-70
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 16.08.2023
W.P.(C) 10841/2023
AKASH SINGH ..... Petitioner
Versus
MCD AND ORS .... Respondents
Advocates who appeared in this case:
For the Petitioner : 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. Divyam Nandrajog, Panel Counsel GNCTD with
Mr. Jatin Dua, Advocate for GNCTD.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE ANISH DAYAL
JUDGMENT
SIDDHARTH MRIDUL, J. (OPEN COURT)
Signature Not Verified
By:DURGESH NANDAN
Signing Date:19.08.2023
14:33:14
1. The present writ petition under Article 226 of the Constitution of
India, 1950, has been instituted on behalf of the petitioner, praying as
follows:-
'In the facts and circumstances stated herein above, it is
Most Respectfully prayed that this Hon'ble Court may
graciously be pleased to:
I. Pass an order directing the respondents to allow the
petitioner street vendor to peacefully vend in terms of the
Certificate of Vending issued to him.
II. Pass an Order directing the respondents to ensure that
the petitioner is allowed to peacefully vend on his vending
site i.e., On the Footpath, Near Old Delhi Railway Station,
S.P.M Marg, City- SP Zone, ward-84-N without any
hindrance being caused by any public official.
III. Pass an order directing the respondents, their officials,
their agents etc. be restrained from harassing the petitioner
from peacefully vending at his vending site.
IV. Pass an order directing the respondent MCD to correct
the nomenclature in the column for Type of Vendor from
"Others" to "Stationary Street Vendor" (in view of the
Section 6 of the Act) as detailed in the vending certificate
issued to the petitioner.
V. 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 a
stationary street vendor.
VI. Pass an order directing the TVC, City SP Zone to
decide the representation dated 10.08.2023 made by the
petitioner for declaring him as a Stationary Street Vendor
in terms of the Section 6 of the Act.
VII. Pass any such directions or order that this Hon'ble
Court deems fit and proper in the facts and circumstances
of the above-mentioned case.
AND FOR THIS ACT OF KINDNESS THE PETITIONERS
ARE DUTY BOUND SHALL EVER PRAY.'
Signature Not Verified
By:DURGESH NANDAN
Signing Date:19.08.2023
14:33:14
2. Issue notice.
3. Ms. Tajinder Virdi, learned Standing Counsel, accepts notice on
behalf of the MCD and Mr. Divyam Nandrajog, 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 petitioner
to vend.
5. For the sake of completeness, the said terms and conditions
attached to the Certificate 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.
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.
Signature Not Verified
By:DURGESH NANDAN
Signing Date:19.08.2023
14:33:14
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.
Signature Not Verified
By:DURGESH NANDAN
Signing Date:19.08.2023
14:33:14
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 Certificate of Vending issued to the petitioner, it is
clearly stipulated that he cannot vend from any particular location,
contrary to the express terms of Clause no. '11', of the said Certificate
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
petitioner, at this stage. Learned counsel appearing on behalf of the
petitioner states, that he does not pray for the relief of running his
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 petitioner to
vend strictly, in accordance with the terms and conditions of the
Certificate of Vending dated 07.11.2021, issued by the Municipal
Corporation of Delhi.
Signature Not Verified
By:DURGESH NANDAN
Signing Date:19.08.2023
14:33:14
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 petitioner, namely, Mr. Akash Singh, has been issued certificate of
vending dated 07.11.2021 (URI: 5325759), which is annexed as
Annexure P-4, to the present writ petition.
8. In view of the foregoing, learned counsel appearing on behalf of
the petitioner, categorically limits the relief in the present writ petition, to
a direction to the Municipal Corporation of Delhi, to permit Mr. Akash
Singh, 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;
Signature Not Verified
and the Municipal Corporation of Delhi is directed to permit Mr. Akash
By:DURGESH NANDAN
Signing Date:19.08.2023
14:33:14
Singh, the petitioner herein, to vend within City-SP Zone, Ward-84-N,
subject to the terms and conditions of the aforementioned certificate of
vending dated 07.11.2021, without any let or hindrance.
10. Needless to state that the petitioner will be at liberty to articulate
the difficulties faced by him, before the appropriate authorities, in
accordance with law, in relation to the certificate of vending, insofar as it
employs the expression 'Others'.
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)
Signature Not Verified
AUGUST 16, 2023
By:DURGESH NANDAN
Signing Date:19.08.2023
14:33:14
Aanchal
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Signature Not Verified
By:DURGESH NANDAN
Signing Date:19.08.2023
14:33:14
