Delhi High Court
Vinod Sahni vs Municipal Corporation Of Delhi ... on 26 May, 2023
Neutral Citation Number 2023:DHC:4047-DB
#26
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 26.05.2023
+ W.P.(C) 7490/2023 & CM APPL. 29078/2023 (for directions)
VINOD SAHNI ..... Petitioner
versus
MUNICIPAL CORPORATION OF DELHI AND ORS.
[
..... Respondents
Advocates who appeared in this case:
For the Petitioner : Ms. Aishwarya Rao, Mr. Rakshita Goyal and Mr. Shivek
Trehan, Advocates.
For the Respondents : Mr. Abhay Pratap Singh, Advocate for R-1/MCD.
Mr. Abhinav Garg, Panel Counsel/GNCTD with Mr. Mihir
Gujjewar and Mr. Arjun Nanrang, Advocates for R-2 & 3.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J. (OPEN COURT)
1. The present writ petition under Article 226 of the Constitution of
India, 1950, has been instituted on behalf of the petitioner, praying as
follows:-
"I Pass an Order directing the respondents to ensure that
that the petitioner is allowed to peacefully vend on his
vending site i.e., On the footpath, Opposite Sujan
Mahindra Road, Mata Mandir Road, New Friends Colony,
Central Zone, Ward-S-89, Delhi without any hindrance
Signature Not Verified being caused by any public official.
Digitally Signed
By:AANCHAL TAGGAR
Signing Date:02.06.2023W.P.(C)
Neutral Citation Number 2023:DHC:4047-DB
II. Pass an order directing the respondents, their officials,
their agents etc. be restrained from harassing the
petitioners from peacefully vending at their vending sites.
III. Pass an order directing the SHO, PS New Friends
Colony to ensure that the petitioner street vendor shall not
be forcefully removed from his vending site.
IV. Pass an order for quashing and setting aside the
terms of certificate of vending printed at the back side of
the vending certificate to the extent which is not
applicable to a stationery street vendor.
V. 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.
3. Mr. Abhay Pratap Singh, learned counsel accepts notice on behalf
of the respondent No. 1/MCD. Mr. Abhinav Garg, learned Panel
Counsel/GNCTD accepts notice on behalf of respondent Nos. 2 & 3.
4. Learned counsel appearing on behalf of the MCD, has handed-up
in the Court today, the terms and conditions, permitting the petitioners to
vend.
5. Let the same be taken on the record 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:02.06.2023W.P.(C)
Neutral Citation Number 2023:DHC:4047-DB
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
Signature Not Verified mentioned in Delhi Street Vendors
Digitally Signed (Protection of Livelihood and
By:AANCHAL TAGGAR
Signing Date:02.06.2023W.P.(C)
Neutral Citation Number 2023:DHC:4047-DB
Regulation of Street Vending) Scheme,
2019."
6. 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. Vinod Sahni has been issued a certificate of vending dated
06.11.2021, URI: 3204841, which is annexed as Annexure P-3, to the
present writ petition.
7. 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. Vinod
Sahni to continue to vend within Central Zone, Ward-S-89, strictly and
scrupulously in compliance with the terms and conditions of the said
certificate of vending and in accordance with law.
8. In view of the above, the present writ petition is partly allowed;
and the Municipal Corporation of Delhi is directed to permit Mr. Vinod
Signature Not Verified
Digitally Signed
By:AANCHAL TAGGAR
Signing Date:02.06.2023W.P.(C)
Neutral Citation Number 2023:DHC:4047-DB
Sahni, to vend within Central Zone, Ward-S-89, subject to the terms
and conditions of the said certificate of vending dated 06.11.2021,
without any let or hindrance.
9. No further directions are prayed for.
10. With the above directions, the writ petition is disposed of
accordingly. The pending application also stands disposed of.
11. A copy of this judgment be uploaded on the website of this Court
forthwith.
SIDDHARTH MRIDUL
(JUDGE)
TALWANT SINGH
(JUDGE)
MAY 26, 2023/mr
Click here to check corrigendum, if any
Signature Not Verified
Digitally Signed
By:AANCHAL TAGGAR
Signing Date:02.06.2023W.P.(C)
