Delhi High Court
Jagdish Prasad vs Govt. Of Delhi & Ors. on 1 June, 2023
#S-15
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 01.06.2023
W.P.(C) 8062/2023, CM APPL. 31018/2023 (Exemption) & CM
APPL. 31019/2023 (Interim Relief)
JAGDISH PRASAD ....Petitioner
Versus
GOVT. OF DELHI & ORS. ....Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Brajesh Pandey & Mr. Sunil Jha, Advocates.
For the Respondents: Mr. Nipun Katyal, Advocate for R-1,3.
Ms. Puja Kalra, Standing Counsel for MCD/R-2.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MS. JUSTICE MINI PUSHKARNA
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:-
"In view of the above, it is most respectfully
prayed that this Hon‟ble Court may be graciously
be pleased to :
(a) Issue writ of Mandamus or any other
appropriate writ or order directing the
Respondent No.2 and 3 not to dispossess or
obstruct or disturb the Petitioner in carrying of
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
15:56:19
his small food stall in Shahdara South Zone,
Ward-21E at Footpath, Near Budh Bazar,
Kashyap Mohalla, Gandhi Nagar, Delhi in terms
of section 3(3) of the street vendors (Protection of
Livelihood and Regulation of Street Vending) Act
2014 as well as the Delhi Street Vendors
(Protection of livelihood and regulation of street
vending) Rules, 2017 and The Government of
National Capital territory of Delhi Street Vendors
(Protection of livelihood and regulation of street
vending) Scheme, 2019; and
(b) Pass any other order or directions in favour
of the petitioner which this Hon'ble Court may
deem fit and proper, keeping in view overall facts
and circumstances and also in the interest of
justice."
2. Issue notice.
3. Mr. Nipun Katyal, learned counsel accepts notice on behalf of the
respondent Nos. 1 and 3. Ms. Puja Kalra, learned Standing Counsel
accepts notice on behalf of the respondent No. 2/MCD.
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.
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
15:56:19
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."
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
15:56:19
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
the terms and conditions of the Certificate of Vending dated 08.11.2021,
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
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
15:56:19
survey, in some of the areas under the MCD zones; pursuant to which,
Mr. Jagdish Prasad has been issued a certificate of vending dated
08.11.2021, URI: 2828986, which is annexed as Annexure P-1, 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. Jagdish
Prasad to continue to vend within Shahdara South Zone, Ward-21 E,
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.
Jagdish Prasad, to vend within Shahdara South Zone, Ward-21 E,
subject to the terms and conditions of the said certificate of vending
dated 08.11.2021, without any let or hindrance.
10. Needless to state that the petitioner will be at liberty to articulate
the difficulties faced by him, before the appropriate authorities, in
accordance with law, in relation to the certificate of vending, insofar as it
employs the expression „Others‟.
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
15:56:19
11. No further directions are prayed for.
12. With the above directions, the 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)
MINI PUSHKARNA
(JUDGE)
JUNE 01, 2023
Aanchal
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Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
15:56:19
