Nathu Ram vs Mcd And Others
2023 Latest Caselaw 1280 Del

                          #S-55

                                   IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                                   Judgment Delivered On: 19.07.2023
                          +       W.P.(C) 9496/2023, CM APPL. 36295/2023 & 36296/2023
                                  NATHU RAM                                               ..... Petitioner
                                                      versus

                                  MCD AND OTHERS                                       ..... Respondents

                          For the Petitioner:        Mr. Neeraj Choudhary,               Advocate        with
                                                     petitioner in person.


                          For the Respondents:        Mr. Vikas Chopra, Standing Counsel for 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) To pass an appropriate writ, order and mandamus thereby directing the respondents No.1 to 3 to allow the petitioner to do his business in the area falling in Rohini Zone, MCD, Delhi and not to create any hindrance or interference in peaceful functioning of his business by the petitioner and to stop the violation of fundamental rights of the petitioner and discharging of his duties by the respondents in accordance with law and other own rules and bye-laws, in the interest of justice.

Signature Not Verified

Digitally Signed By:AANCHAL TAGGAR Signing Date:26.07.2023 09:56:34 Any other relief which this Hon'ble court deems fit and proper be also granted in favour of the plaintiff/petitioner and against the defendant/respondent.

2. Issue notice.

3. Mr. Vikas Chopra, learned Standing Counsel accepts notice on

behalf of the MCD.

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

handed over 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.

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.

Signature Not Verified

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

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."

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 Signature Not Verified

Digitally Signed By:AANCHAL TAGGAR Signing Date:26.07.2023 09:56:34 the terms and conditions of the Certificate of Vending dated 06.11.2021,

issued 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,

Mr. Nathu Ram has been issued a certificate of vending dated

06.11.2021, URI: 2585773, 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, categorically limits the relief in the present writ petition, to

a direction to the Municipal Corporation of Delhi, to permit Mr. Nathu

Ram to continue to vend within Rohini, Ward-25-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.

Signature Not Verified

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

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

and the Municipal Corporation of Delhi is directed to permit Mr. Nathu

Ram to continue to vend within Rohini, Ward-25-N, subject to the

terms and conditions of the said certificate of vending dated 06.11.2021,

without any let or hindrance.

10. No further directions are prayed for.

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

accordingly. The pending applications 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 03, 2023 VR Click here to check corrigendum, if any

Signature Not Verified

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