Delhi High Court

Triloki Nath And Ors. vs Municipal Corporation Of Delhi ... on 17 August, 2023

                          #S-9

                                   IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                                Judgment Delivered On: 17.08.2023

                          W.P.(C) 10603/2023


                          TRILOKI NATH AND ORS .                                      .... Petitioners



                                                    Versus



                          MUNICIPAL CORPORATION OF DELHI AND ORS...Respondents


                          Advocates who appeared in this case:

                          For the Petitioners   :   Mr. Aditya, Mr. Kamlesh Kumar Mishra and Mr.
                                                    Anjani Kumar Mishra, Advocates.

                          For the Respondents :     Mr. Puneet Yadav, ASC for R-1/MCD.
                                                    Mr. Abhinav Garg, Panel Counsel, GNCTD along with
                                                    Mr. Nishant Goyal and Mr. Mihir Gujjewar, Advocates
                                                    for R-3 and R-4/SHO, P.S.: Kashmere Gate.
                          CORAM:
                          HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
                          HON'BLE MR. JUSTICE ANISH DAYAL


                                                     JUDGMENT

SIDDHARTH MRIDUL, J. (OPEN COURT)

Signature Not Verified

By:AANCHAL TAGGAR Signing Date:24.08.2023 15:34:26

1. The present writ petition under Article 226 of the Constitution of

India, has been instituted on behalf of the petitioners, 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 petitioners to peacefully vend in terms of the Certificate of Vending issued to them.

II. Pass an Order directing the respondents to ensure that the petitioners be allowed to peacefully vend on their vending sites i.e., On the Footpath, Esplande Road, Cycle Market, Photo Market, City SP Zone, Ward-84-N, New Delhi 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 petitioners from peacefully vending at their vending sites.

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 certificates issued to the petitioners.

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.

Signature Not Verified

By:AANCHAL TAGGAR Signing Date:24.08.2023 15:34:26 VI. Pass an order directing the TVC, City SP Zone to decide the representation dated 07.08.2023 made by the petitioners for declaring them 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 f acts and circumstances of the above- mentioned case."

2. Issue notice.

3. Mr. Puneet Yadav, learned Additional Standing Counsel, accepts

notice on behalf of the respondent No. 1/MCD and Mr. Abhinav Garg,

learned Panel Counsel, GNCTD, accepts notice on behalf of the

respondent Nos. 3 and 4/SHO, P.S.: Kashmere Gate.

4. Learned Additional 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 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.

Signature Not Verified

By:AANCHAL TAGGAR Signing Date:24.08.2023 15:34:26

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.

Signature Not Verified

By:AANCHAL TAGGAR Signing Date:24.08.2023 15:34:26

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.

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 vendors 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 they have been

permitted to vend by the Municipal Corporation of Delhi.

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

Signature Not Verified

By:AANCHAL TAGGAR Signing Date:24.08.2023 15:34:26 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-3, to the present writ petition.



    S.NO.           NAME OF                 DATE OF          PLACE OF       VENDING        CATEGORY
                   THE STREET               ISSUE OF         VENDING        CERTIFIC        OF THE
                    VENDORS                 VENDING                         ATE (URI)         COV
                                           CERTIFICAT                                       ISSUED
                                                E

    1             Mr. Triloki Nath             28.02.2022   City-SP Zone,     8799043           Others
                                                            Ward-84-N

    2             Mr.    Sakaldev              07.11.2021   City-SP Zone,     5579650           Others
                  Yadav                                     Ward-84-N
    3             Mr. Annrag Jain              07.11.2021   City-SP Zone,     5038352           Others
                                                            Ward-84-N
    4             Mr.      Pawan               07.11.2021   City-SP Zone,     1148727           Others
                  Kumar                                     Ward-84-N
    5             Mr.       Anup               07.11.2021   City-SP Zone,     4010249           Others
                  Sharma                                    Ward-84-N
    6             Mr.      Pankaj              07.11.2021   City-SP Zone,     9320783           Others
                  Bansal                                    Ward-84-N
    7             Mr. Dhaniram                 07.11.2021   City-SP Zone,     6117686           Others
                  Kanojia                                   Ward-84-N
    8             Mr. Rajdev Ram               07.11.2021   City-SP Zone,     6582246           Others
Signature Not Verified
                                                            Ward-84-N

By:AANCHAL TAGGAR
Signing Date:24.08.2023
15:34:26
     9             Mr. Chhote Lal               07.11.2021    City-SP Zone,        5990748            Others
                                                             Ward-84-N

8. In view of the foregoing, learned counsel appearing on behalf of

the petitioners, categorically limits the relief in the present writ petition,

i.e. a direction to the Municipal Corporation of Delhi, to permit the

aforesaid petitioners to continue to vend within City-SP Zone, Ward-

84-N, strictly and scrupulously in compliance with the terms and

conditions of the said certificates 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

petitioners to vend within City-SP Zone, Ward-84-N, subject to the

terms and conditions of the aforementioned certificates of vending dated

28.02.2022, 07.11.2021, without any let or hindrance.