Vandana vs Municipal Corporation Of Delhi ...
2023 Latest Caselaw 1403 Del

                          #S-50

                                   IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                               Judgment Delivered On: 26.07.2023

                          W.P.(C) 9814/2023 & CM APPL. 37735/2023 (Interim Relief)

                          VANDANA                                                    ..... Petitioner




                                                    Versus



                          MUNICIPAL CORPORATION OF DELHI AND ORS
                                                              ....Respondents
                          Advocates who appeared in this case:

                          For the Petitioners   :   Mr. Kamlesh Kumar Mishra, Mr. Bhibhuti Bhushan
                                                    Mishra, Mr. Aditya, Mr. Anjani Kumar Mishra & Mr.
                                                    Kailash Kumar Jha, Advocates.

                          For the Respondents :     Ms. Puja Kalra, Standing Counsel for MCD.
                                                    Mr. Abhinav Garg, Panel Counsel for GNCTD with
                                                    Mr. Mihir Gujjewar, Advocate for GNCTD.


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

                                                     JUDGMENT

SIDDHARTH MRIDUL, J. (OPEN COURT)

Signature Not Verified

Digitally Signed By:AANCHAL TAGGAR Signing Date:02.08.2023 13:11:15

1. The present writ petition under Article 226 of the Constitution of

India, has been instituted on behalf of the petitioner, 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 allow the petitioner street vendor to peacefully vend in terms of vending Certificate issued by the Municipal Corporation of Delhi after conducting the survey of the petitioner.

II. Pass an order directing the respondents to allow the petitioner street vendor to peacefully vend at her vending site i.e., On the footpath, near exit gate, Boundary Wall, Old Delhi Railway Station, City SP Zone, Ward- 84, New Delhi without any Let or hindrance being caused by any public official.

III. Pass an order directing the respondent no. 2 to decide the representation dated 25.07.2023 sent by the petitioner for declaring her a Stationary Street Vendor by passing a speaking order. IV. Pass an order directing the SHO, PS Kotwali to ensure that the petitioner street vendor shall not be forcefully and illegally removed from her vending site.

V. Pass an order directing the respondent Government of NCT of Delhi to comply and effectuate the provisions of Section 20 of THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014 and make the Dispute Redressal Committee Functional within a stipulated time period.

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.

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Digitally Signed By:AANCHAL TAGGAR Signing Date:02.08.2023 13:11:15

3. Ms. Puja Kalra, learned Standing Counsel accepts notice on behalf

of the MCD and Mr. Abhinav Garg, learned counsel accepts notice on

behalf of the GNCTD.

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.

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.

Signature Not Verified

Digitally Signed By:AANCHAL TAGGAR Signing Date:02.08.2023 13:11:15

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."

6. In terms of the Certificates of Vending issued to the petitioner, it

is clearly stipulated that she 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 Signature Not Verified

Digitally Signed By:AANCHAL TAGGAR Signing Date:02.08.2023 13:11:15 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

petitioner, at this stage. Learned counsel appearing on behalf of the

petitioner states, that she does not pray for the relief of running her

business from any particular vending site, within the zone where she 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.

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,

the petitioner has been issued certificate of vending, which is annexed as

Annexure P-3, to the present writ petition.

Signature Not Verified

Digitally Signed By:AANCHAL TAGGAR Signing Date:02.08.2023 13:11:15

8. In view of the foregoing, learned counsel appearing on behalf of

the petitioner, limits the relief in the present writ petition, to a direction

to the Municipal Corporation of Delhi, to permit the petitioner, 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.

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

Municipal Corporation of Delhi is directed to permit the petitioner, 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.

10. Needless to state that the petitioner will be at liberty to articulate

the difficulties faced by her, before the duly constituted Town Vending

Committee, in accordance with law, in relation to the certificate of

vending, insofar as it employs the expression 'Others'.

11. Further, the petitioner is at liberty to approach the duly constituted

Grievance Redressal Committee, in relation to the determination of her

representation dated 25.07.2023, annexed as Annexure P6 (Page no. 48)

to the present writ petition, in accordance with law.

Signature Not Verified

Digitally Signed By:AANCHAL TAGGAR Signing Date:02.08.2023 13:11:15

12. No further directions are prayed for.

13. With the above directions, the writ petition is disposed of

accordingly.

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

forthwith.

SIDDHARTH MRIDUL (JUDGE)

ANISH DAYAL (JUDGE) JULY 26, 2023 Aanchal Click here to check corrigendum, if any

Signature Not Verified

Digitally Signed By:AANCHAL TAGGAR Signing Date:02.08.2023 13:11:15