Delhi High Court
Vijay vs Municipal Corporation Of Delhi & ... on 31 May, 2023
#S-51
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 31.05.2023
W.P.(C) 7855/2023& CM APPL. 30288/2023 (for direction)
VIJAY ....Petitioner
Versus
MUNICIPAL CORPORATION OF DELHI & ORS.
....Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Mansi Sharma, Advocate.
For the Respondents: Mr. Abhinav Sharma & Mr. Mahender Shukla,
Advocates for R-1& 2/MCD.
Mr. Laksh Khanna, APP for the State.
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, has been instituted on behalf of the petitioner, praying as follows:-
" It is therefore, most respectfully prayed
that a writ of mandamus or any other appropriate
writ may kindly be issued thereby directing the
respondents not to interfere in the running of his
business or cause any disturbance in the
functioning of his food stall from the vending site
allotted to him at 4933/1, Brijmohan
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
16:35:52
Marg,Daryaganj Delhi-110002 by Town Vending
Committee vide letter dated 22/09/2020 and as
shown in site plan.
Any other or further relief which this
hon'ble court may deem fit and proper in the
circumstances of the case may also be granted."
2. Issue notice.
3. Mr. Abhinav Sharma, learned counsel accepts notice on behalf of
the respondent No. 1/MCD and Mr. Laksh Khanna, learned APP accepts
notice on behalf of R-3/GNCTD.
4. Learned 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.
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
16:35:52
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
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
16:35:52
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
the petitioner 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. Vijay has been issued a certificate of vending dated 07.11.2021,
URI: 7173855, which is annexed as Annexure C, to the present writ
petition.
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
16:35:52
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. Vijay
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. Vijay,
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.
11. With the above directions, the writ petition is disposed of
accordingly. The pending application also stands disposed of.
12. A copy of this judgment be uploaded on the website of this Court
forthwith.
SIDDHARTH MRIDUL
(JUDGE)
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
16:35:52
TALWANT SINGH
(JUDGE)
MAY 31, 2023
Aanchal
Click here to check corrigendum, if any
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:02.06.2023
16:35:52
