Poonam And Others vs Gnctd And Other
2023 Latest Caselaw 1279 Del

                          #S-12

                                   IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                                   Judgment Delivered On: 19.07.2023
                          +       W.P.(C) 9290/2023
                                  POONAM AND OTHERS                                       ..... Petitioners
                                                       versus

                                  GNCTD AND OTHER                                         ..... Respondents
                                                       Through:

                          For the Petitioner :         Ms. Kawalpreet Kaur and Ms. Sumayya
                                                       Khatoon, Advocates.


                          For the Respondents:         Ms. Neeru Vaid, Standing              Counsel       for
                                                       Respondent No. 2/MCD.

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

                                                         JUDGMENT

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 petitioner, praying as follows:-

"a) Pass an order directing the respondents to ensure that the petitioner's Street Vendors be allowed to peacefully 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.91-109 and The Government of National Capital Territory of Delhi Street Signature Not Verified

Digitally Signed By:AANCHAL TAGGAR Signing Date:26.07.2023 09:56:34 Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme 2019 at Annexure P- 10 (colly) at pp 110-134.

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.

d) Pass such further order(s) and/or direction(s) as this Hon'ble Court may deem fit and proper in the interest of justice in favour of the Petitioner."

2. Issue notice.

3. Ms. Neeru Vaid, learned Standing Counsel accepts notice on

behalf of the MCD/Respondent No. 2 and fairly does not oppose the

present application.

4. In view of the circumstance that petitioner Nos. 2 and 3 are not

similarly situated as petitioner No. 1, an application bearing No. CM

APPL. 35733/2023 was moved praying for deletion of petitioner Nos. 2

and 3 from array of the parties in present petition. Accordingly, the

present application is allowed and resultantly, petitioner Nos. 2 and 3 are

deleted from the array of the parties. The amended Memo of Parties is

taken on record.

5. Learned Standing Counsel appearing on behalf of the MCD, has

handed over the terms and conditions, permitting the petitioner to vend.

6. 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

Digitally Signed By:AANCHAL TAGGAR Signing Date:26.07.2023 09:56:34

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."

7. 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

Signature Not Verified

Digitally Signed By:AANCHAL TAGGAR Signing Date:26.07.2023 09:56:34 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 07.11.2021,

issued by the Municipal Corporation of Delhi.

8. 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,

Ms. Poonam has been issued a certificate of vending dated 07.11.2021,

URI: 7455557, which is annexed as Annexure 2, to the present writ

petition.

Signature Not Verified

Digitally Signed By:AANCHAL TAGGAR Signing Date:26.07.2023 09:56:34

9. 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 Ms. Poonam

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.

10. In view of the above, the present writ petition is partly allowed;

and the Municipal Corporation of Delhi is directed to permit Ms.

Poonam to continue to vend within City-SP Zone, Ward-84-N, subject

to the terms and conditions of the said certificate of vending dated

07.11.2021, without any let or hindrance.

11. No further directions are prayed for.

12. With the above directions, the present writ petition is disposed of

accordingly. The pending applications, if any, also stand disposed of.

13. A copy of this judgment be uploaded on the website of this Court

forthwith.

SIDDHARTH MRIDUL (JUDGE)

ANISH DAYAL (JUDGE) JULY 20, 2023/MS Click here to check corrigendum, if any

Signature Not Verified

Digitally Signed By:AANCHAL TAGGAR Signing Date:26.07.2023 09:56:34