Delhi High Court
Uday Bhan Varma vs Municipal Corporation Of Delhi ... on 13 July, 2023
#S-7
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 13.07.2023
W.P.(C) 8303/2023
UDAY BHAN VARMA ..... Petitioner
Versus
MUNICIPAL CORPORATION OF DELHI AND ORS.
.... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Sanjay Baniwal and Ms. Manisha Baniwal,
Advocates.
For the Respondents : Mr. Anuj Chaturvedi, Standing Counsel for R-1/MCD.
Mr. Laksh Khanna, APP for R-2 & R-3.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE GAURANG KANTH
JUDGMENT
SIDDHARTH MRIDUL, J. (OPEN COURT)
The present writ petition under Article 226 of the Constitution of
India, has been instituted on behalf of the petitioner, praying as follows:-
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:18.07.2023
11:40:02
"In the above mentioned facts and circumstances,
it is most respectfully prayed that the Hon'ble
Court may be pleased to:
I. Pass an order directing the respondents not to
disturb the petitioner operation of vending/
hawking unit at Central Zone, Ward - S - 58 of
the petitioner in reference/ compliance of the
Certificate of Vending (COV) issued by the
respondents;
II. 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."
2. Issue notice.
3. Mr. Anuj Chaturvedi, learned Standing Counsel accepts notice on
behalf of the respondent No. 1/MCD and Mr. Laksh Khanna, learned
APP accepts notice on behalf of the respondent No.2 and 3.
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.
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:18.07.2023
11:40:02
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
Digitally Signed
By:DURGESH NANDAN
Signing Date:18.07.2023
11:40:02
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 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 solitary 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 06.11.2021,
issued by the Municipal Corporation of Delhi.
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:18.07.2023
11:40:02
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,
Mr. Uday Bhan Varma has been issued a certificate of vending dated
06.11.2021, URI: 4726490, which is annexed as Annexure P-2, to the
present writ petition.
8. In view of the foregoing, learned counsel appearing on behalf of
the petitioner, seeks a solitary relief in the present writ petition, i.e. a
direction to the Municipal Corporation of Delhi, to permit Mr. Uday
Bhan Varma to continue to vend within Central Zone, Ward-S-58,
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 allowed; and the
Municipal Corporation of Delhi is directed to permit Mr. Uday Bhan
Varma to vend within Central Zone, Ward-S-58, subject to the terms
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:18.07.2023
11:40:02
and conditions of the said certificate of vending dated 06.11.2021,
without any let or hindrance.
10. No further directions are prayed for.
11. With the above directions, the writ petition is disposed of
accordingly.
12. A copy of this judgment be uploaded on the website of this Court
forthwith.
SIDDHARTH MRIDUL
(JUDGE)
GAURANG KANTH
(JUDGE)
JULY 13, 2023/rs
Click here to check corrigendum, if any
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:18.07.2023
11:40:02
