Delhi High Court

Rajkumar Sav And Ors. vs Municipal Corporation Of Delhi ... on 18 July, 2023

#S-44

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment Delivered On: 18.07.2023

W.P.(C) 6810/2023, CM APPL. 26572/2023 (for interim relief) & CM
APPL. 34538/2023 (for put on record the affidavits of all the
petitioners)
RAJKUMAR SAV AND ORS. ..... Petitioners

Versus

MUNICIPAL CORPORATION OF DELHI AND ORS
..... Respondents

Advocates who appeared in this case:

For the Petitioners : Mr. Bibhuti Bhushan Mishra, Mr. Kamlesh Kumar
Mishra, Mr. Anjani Kumar Mishra and Mr. Kailash
Kumar Jha, Advocates.

For the Respondents : Ms. Puja Kalra, Sanding Counsel along with Mr. Divya
Prakash Pande, Standing Counsel (through video-
conferencing) along with Mr. Virendra Singh,
Advocate for R-1/MCD.
Ms. Avni Singh and Mr. Deepak Chaudhary,
Advocates for R-2 & R-3.

CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE ANISH DAYAL

JUDGMENT

Signature Not Verified

Digitally Signed By:DURGESH NANDAN Signing Date:24.07.2023 15:34:53 SIDDHARTH MRIDUL, J. (OPEN COURT)

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 ensure that the petitioner Street Vendors be allowed to peacefully vend in terms of the vending certificate issued to them, on their vending sites i.e., On the Pavement at Astha Kunj Road, Opposite Satyam Cinema, Nehru Place, South Zone, Ward- S-86, without any hindrance being caused by any public official.

II. Pass an order directing the SHO, PS Kalkaji to ensure that the petitioners shall not be forcefully removed from their vending sites.

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 vending type from others to stationary street vendor as detailed in the vending certificate 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

Digitally Signed By:DURGESH NANDAN Signing Date:24.07.2023 15:34:53 VI. 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. Ms. Puja Kalra, learned Standing Counsel, accepts notice on

behalf of the respondent No. 1/MCD and Ms. Avni Singh, learned

counsel accepts notice on behalf of the respondent Nos. 2 and 3.

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 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

Digitally Signed By:DURGESH NANDAN Signing Date:24.07.2023 15:34:53

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 Signature Not Verified

Digitally Signed By:DURGESH NANDAN Signing Date:24.07.2023 15:34:53 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

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,

Signature Not Verified

Digitally Signed By:DURGESH NANDAN Signing Date:24.07.2023 15:34:53 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 THE               DATE OF         PLACE OF         VENDING           CATEGORY
                     STREET                 ISSUE OF        VENDING        CERTIFICATE         OF THE COV
                    VENDORS                 VENDING                            (URI)             ISSUED
                                          CERTIFICATE

        1         Mr. Raj Kumar               06.11.2021    South Zone,        4730770              Others
                  Sav                                       Ward-S-86

        2         Mr. Pati Sahu               06.11.2021    South Zone,        8421080              Others
                                                            Ward-S-86
        3         Mr. Birbal Yadav            09.03.2022    South Zone,        7201208              Others
                                                            Ward-S-86
        4         Mr. Gultan Saw              06.11.2021    South Zone,        7884472              Others
                                                            Ward-S-86
        5         Mr. Vikas Kumar             06.11.2021    South Zone,        4615837              Others
                  Saw                                       Ward-S-86

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

aforesaid petitioners to continue to vend within South Zone, Ward-S-

86, 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

Signature Not Verified

Digitally Signed By:DURGESH NANDAN Signing Date:24.07.2023 15:34:53 petitioners to vend within South Zone, Ward-S-86, subject to the terms

and conditions of the aforementioned certificates of vending dated