Delhi High Court
Ajit Kumar And Others vs Govt. Of Nct Of Delhi And Ors. on 11 July, 2023
#S-16
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered on: 11.07.2023
+ W.P.(C) 8029/2023
AJIT KUMAR AND OTHERS ..... Petitioners
Through:
versus
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Through:
Advocates who appeared in this case:
For the Petitioners : Ms. Kawalpreet Kaur and Ms. Sumayya
Khatora, Advocates.
For the Respondents : Ms. Shweta Priya, Advocate for
respondent No. 2/ MCD.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE GAURANG KANTH
JUDGMENT
SIDDHARTH MRIDUL, J. (OPEN COURT)
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:-
"(a) Pass an order directing the respondents to ensure
that the petitioner‟s Street Vendors be allowed to peacefully
Signature Not Verified
By:KOMAL DHAWAN
Signing Date:13.07.2023
14:32:40
vend at their respective vending site i.e., at Link Road, Lal
Quila, Red Fort Delhi, City-SP Zone, Ward -84-N, Delhi
without any obstruction being caused by the respondent
corporation and Delhi Police.
(b) Pass an order directing the respondent corporation to
allow the petitioners who have requisite Certificate of
Vending at Annexure P- 2 (colly) at pp. 100-151. In
accordance with the Street Vendors Act, 2014 at Annexure
P- 10 at pp. 308-332, Protection of Livelihood and
Regulation of street vending Rules 2017, at Annexure P-9 at
pp. 289-307 and The Government of National Capital
Territory of Delhi Street Vendors (Protection of Livelihood
and Regulation of Street Vending) Scheme 2019 at Annexure
P- 10 at pp. 308-332.
(c) Pass an order directing the respondent corporation to
not solicit any additional amount and to not harass any street
vendor who has been duly licensed to vend at the aforesaid
site."
2. Issue notice.
3. Ms. Shweta Priya, learned counsel accepts notice on behalf of the
respondent No. 2/ Municipal Corporation of Delhi (MCD).
4. Learned Counsel appearing on behalf of the MCD, has handed-up
in the Court today, the terms and conditions, permitting the petitioners to
vend.
5. Let the same be taken on the record. 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.
Signature Not Verified
By:KOMAL DHAWAN
Signing Date:13.07.2023
14:32:40
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.
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.
16. Vendor have to follow all the conditions
mentioned in Delhi Street Vendors (Protection
of Livelihood and Regulation of Street
Vending) Scheme, 2019."
Signature Not Verified
By:KOMAL DHAWAN
Signing Date:13.07.2023
14:32:40
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 petitioner, at
this stage. Learned counsel appearing on behalf of the petitioners states,
that he does 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, and further, the solitary
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 to Petitioners.
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
Signature Not Verified
By:KOMAL DHAWAN
Signing Date:13.07.2023
14:32:40
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-2, to the present writ petition.
S. NAME OF THE DATE OF PLACE OF VENDING CATEGO
NO. STREET ISSUE OF VENDING CERTIFICAT RY OF
VENDORS VENDING E (URI) THE COV
CERTIFICATE ISSUED
1 Ajeet Kumar 07.11.2021 City-SP Zone, 7266324 Others
Ward- 84-N
2 Mohd Alam 07.11.2022 City-SP Zone, 2722825 Others
Ward- 84-N
3 Raj Kumar Gupta 07.11.2021 City-SP Zone, 2821659 Others
Ward- 84-N
4 Sharif 07.11.2021 City-SP Zone, 3157663 Others
Ward- 84-N
5 Mohd Razi 07.11.2021 City-SP Zone, 6165398 Others
Ward- 84-N
6 Mohammad Khurshid 28.02.2022 City-SP Zone, 8548284 Others
Ward- 84-N
7 Md. Saheed 03.02.2022 City-SP Zone, 2362947 Others
Ward- 84-N
8 Arvind Kumar 07.11.2021 City-SP Zone, 3202348 Others
Ward- 84-N
9 Suresh Prasad Gupta 07.11.2021 City-SP Zone, 6808781 Others
Ward- 84-N
10 Ramu 07.11.2021 City-SP Zone, 7265902 Others
Ward- 84-N
11 Ganesh Paswan 07.11.2021 City-SP Zone, 6207923 Others
Ward- 84-N
12 Mohd Wazir 07.11.2021 City-SP Zone, 8311601 Others
Ward- 84-N
13 Sharad Chandra Jha 07.11.2021 City-SP Zone, 2653235 Others
Ward- 84-N
14. Mohammad Hasim 07.11.2021 City-SP Zone, 3239259 Others
Ward- 84-N
15 Fareed 07.11.2021 City-SP Zone, 7237274 Others
Ward- 84-N
Signature Not Verified
By:KOMAL DHAWAN
Signing Date:13.07.2023
14:32:40
16 Wahid 07.11.2021 City-SP Zone, 6539163 Others
Ward- 84-N
17 Mohd. Yaseen 07.11.2021 City-SP Zone, 8068376 Others
Ward- 84-N
18 Rajkumari 07.11.2021 City-SP Zone, 4156991 Others
Ward- 84-N
19 Amit Kumar 07.11.2021 City-SP Zone, 1443010 Others
Ward- 84-N
20 Mohammad Nannhe 07.11.2021 City-SP Zone, 8355144 Others
Ward- 84-N
21 Vinod Kumar 07.11.2021 City-SP Zone, 1653567 Others
Ward- 84-N
22 Mohammad Naseem 07.11.2021 City-SP Zone, 1533514 Others
Ward- 84-N
23 Mo Samim 07.11.2021 City-SP Zone, 8470264 Others
Ward- 84-N
24 Ashish Kumar Saxena 07.11.2021 City-SP Zone, 4098939 Others
Ward- 84-N
25 Mdsultan 07.11.2021 City-SP Zone, 2222856 Others
Ward- 84-N
26 Mohammad Tayab 07.11.2021 City-SP Zone, 7800371 Others
Husain Ward- 84-N
27 Bala 07.11.2021 City-SP Zone, 5218071 Others
Ward- 84-N
28 Sumit Valecha 07.11.2021 City-SP Zone, 9161801 Others
Ward- 84-N
29 Dhanpati Singh 07.11.2021 City-SP Zone, 5771871 Others
Ward- 84-N
30 Poonam 07.11.2021 City-SP Zone, 7455557 Fresh Fruits/
Ward- 84-N Vegetables/
Perishables
31 Sunil Kumar 07.11.2021 City-SP Zone, 1245371 Others
Ward- 84-N
32 Pradeep Kumar 07.11.2021 City-SP Zone, 1141965 Food/ Snacks
Ward- 84-N without Gas
Cylinder/
Fire
33 Munakka 07.11.2021 City-SP Zone, 9485267 Others
Ward- 84-N
34 Mo Hafij Ansari 28.02.2022 City-SP Zone, 8516233 Others
Ward- 84-N
35 Mohammad Nesarul 07.11.2021 City-SP Zone, 5063934 Others
Ward- 84-N
36 Braghunath Gupta 28.02.2022 City-SP Zone, 8623821 Others
Ward- 84-N
37 Puneeshwar Prasad 07.11.2021 City-SP Zone, 8197748 Others
Ward- 84-N
Signature Not Verified
By:KOMAL DHAWAN
Signing Date:13.07.2023
14:32:40
38 Umesh Paswan 07.11.2021 City-SP Zone, 1905539 Others
Ward- 84-N
39 Munna Kumar 07.11.2021 City-SP Zone, 7360730 Food/ Snacks
Ward- 84-N without Gas
Cylinder/
Fire
40 Ramjee 07.11.2021 City-SP Zone, 5902792 Others
Ward- 84-N
41 Gulam Hussain 07.11.2021 City-SP Zone, 1715919 Others
Ward- 84-N
42 Jahangir 07.11.2021 City-SP Zone, 3812493 Others
Ward- 84-N
43 Yusuf 07.11.2021 City-SP Zone, 5104188 Others
Ward- 84-N
44 Jayant Kumar 07.11.2021 City-SP Zone, 3895389 Others
Ward- 84-N
45 Md Hafij 31.01.2022 City-SP Zone, 9214402 Others
Ward- 84-N
46 Mehboob Hassan 07.11.2021 City-SP Zone, 7270145 Others
Ward- 84-N
47 Mehfooz Ali 07.11.2021 City-SP Zone, 3565220 Others
Ward- 84-N
48 Mehtab 07.11.2021 City-SP Zone, 6914584 Others
Ward- 84-N
49 Rizwana Begum 07.11.2021 City-SP Zone, 7238967 Others
Ward- 84-N
8. In view of the foregoing, learned counsel appearing on behalf of
the petitioners, 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 certificates of vending.
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 the above-
By:KOMAL DHAWAN
Signing Date:13.07.2023
14:32:40
mentioned street vendors, to vend within their respective zones, subject
to the terms and conditions as specified in their certificates of vending,
without any let or hindrance.
10. Needless to state that the petitioners falling within the category of
'Others' will be at liberty to articulate any difficulties faced by them,
before the appropriate authorities, in accordance with law, in relation to
the certificates 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. The pending application(s), if any, also stand disposed of.
13. A copy of this judgment be uploaded on the website of this Court,
forthwith.
SIDDHARTH MRIDUL
(JUDGE)
GAURANG KANTH
(JUDGE)
JULY 11, 2023
MS Click here to check corrigendum, if any
Signature Not Verified
By:KOMAL DHAWAN
Signing Date:13.07.2023
14:32:40
