Munna Prasad vs Municipal Corporation Of Delhi ...
2023 Latest Caselaw 885 Del

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                                   IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                                   Judgment Delivered On: 03.07.2023
                          W.P.(C) 8403/2023 and C.M.APP. 32054/2023 & 32055/2023

                          MUNNA PRASAD                                             ....Petitioner

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

                          Advocates who appeared in this case:

                          For the Petitioner :        Mr. Amit Dwivedi, Mr. Gaurav and Mr.Sachin,
                                                      Advocates.

                          For the Respondents:        Mr. Virendra Singh and Ms. Puja Kalra,
                                                      Advocates for MCD.
                                                      Mr. Abhinav Garg and Mr. Mihir Gujjewar,
                                                      Advocates for GNCTD.

                          CORAM:
                          HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
                          HON'BLE MR. JUSTICE GAURANG KANTH

                                                        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) Protect the Petitioner herein and his two shops (Redies) from Respondent No.3 by issuing a writ, order, or direction of similar nature;

(b) Restrain Respondent No.3 from harassing, intimidating and harming the Petitioner and his Signature Not Verified

Digitally Signed By:KOMAL DHAWAN Signing Date:07.07.2023 13:29:11 two shops (Redies) by issuing a writ, order, or direction of similar nature;

(c) Restrain the Respondents from taking any coercive action against the Petitioner because of the institution of the present proceedings by issuing a writ, order, or direction of similar nature;

(d) Direct Respondent No.4 and 2 to initiate appropriate action against Respondent No.3 by issuing a writ, order, or direction of similar nature;"

2. Issue notice.

3. Mr. Virendra Singh, learned Standing Counsel accepts notice on

behalf of the MCD and Mr. Abhinav Garg, learned Standing Counsel

accepts notice on behalf of the GNCTD.

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.

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Digitally Signed By:KOMAL DHAWAN Signing Date:07.07.2023 13:29:11

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."

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

Signature Not Verified

Digitally Signed By:KOMAL DHAWAN Signing Date:07.07.2023 13:29:11 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.

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. Munna Prasad has been issued a certificate of vending dated

07.11.2021, URI: 7493191, which is annexed as Annexure 5, 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. Munna

Signature Not Verified

Digitally Signed By:KOMAL DHAWAN Signing Date:07.07.2023 13:29:11 Prasad to continue to vend within Central Zone, Ward-S-55, 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 partly allowed;

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

Prasad to continue to vend within Central Zone, Ward-S-55, subject to

the terms and conditions of the said certificate of vending dated

07.11.2021, 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)

GAURANG KANTH (JUDGE) JULY 03, 2023/ kd Click here to check corrigendum, if any

Signature Not Verified

Digitally Signed By:KOMAL DHAWAN Signing Date:07.07.2023 13:29:11