Delhi High Court
Pawan Kumar And Ors vs Municipal Corporation Of Delhi ... on 25 May, 2023
#S-37
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 25.05.2023
W.P.(C) 7268/2023, CM APPL. 28274/2023 (Exemption) & CM
APPL. 28275/2023 (Exemption)
PAWAN KUMAR AND ORS ..... Petitioners
Versus
MUNICIPAL CORPORATION OF DELHI THROUGH ITS
COMMISSIONER DR SP MUKHERJEE AND ORS.
....Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Prakash Kumar Singh, Ms. Pooja Singh and Ms.
Neema, Advocates.
For the Respondents : Ms. Shweta Priya, Advocate for R-1/MCD.
Mr. Laksh Khanna, APP for R-2 & 3.
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 petitioners, praying as
follows:-
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:29.05.2023
17:21:37
'It is most respectfully prayed that this Hon'ble Court
may be pleased to:
a) Issue an appropriate Writ of mandamus or any
other appropriate writ, order or directions thereby
directing the respondents to ensure that the
petitioners Street Vendors be allowed to peacefully
vend in terms of the vending certificate issued to
them, on their vending sites i.e., in Old Lajpat Rai
Market, City-SP Zone, Ward-84-N, More Sarai Road
and Deewan Hall Road, Delhi- 110006 without any
hindrance being caused by any public official;
b) Issue an appropriate Writ of mandamus or any
other appropriate writ, order or directions thereby
directing the SHO, PS Kotwali to ensure that the
street vendors of the petitioner association shall not
be forcefully removed from their vending site;
c) Issue an appropriate Writ of mandamus or any
other appropriate writ, order or directions thereby
directing the respondents, their officials, their agents
etc. be restrained from harassing the petitioners from
peacefully vending at their vending sites even in the
future;
d) 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 petitioners in the category of the
vendors in the instant case;
e) Pass such other or further order(s) as this Hon'ble
Court deems fit under the facts and circumstances of
the case.'
2. Issue notice.
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:29.05.2023
17:21:37
3. Ms. Shweta Priya, learned counsel, accepts notice on behalf of the
respondent No. 1/MCD and Mr. Laksh Khanna, learned APP accepts
notice on behalf of the respondent No.2 & 3/Delhi Police.
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 Certificates 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:29.05.2023
17:21:37
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. It is an admitted position that the Town Vending Committee
(TVC), has in terms of the directions issued by this Court, from time to
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:29.05.2023
17:21:37
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 following petitioners have been issued certificates of vending, which
are annexed as Annexure P-4, to the present writ petition.
S.NO. NAME OF THE DATE OF PLACE OF VENDING CATEGORY
STREET ISSUE OF VENDING CERTIFICATE OF THE COV
VENDORS VENDING (URI) ISSUED
CERTIFICATE
1 Mr. Pawan 07.11.2021 City-SP 2007421 Food/Snack
Kumar Zone, Ward- with gas
84-N cylinder/fire
2 Mohd Mahaji 07.11.2021 City-SP 3099338 Food/Snack
Bullah Zone, Ward- with gas
84-N cylinder/fire
3 Jay Ram 07.11.2021 City-SP 4787398 Food/Snack
Chaudhary Zone, Ward- with gas
84-N cylinder/fire
4 Damodar 07.11.2021 City-SP 3271200 Food/Snack
Zone, Ward- with gas
84-N cylinder/fire
5 Mainuddin 07.11.2021 City-SP 2963422 Food/Snack
Zone, Ward- with gas
84-N cylinder/fire
6 Mohd Ramzani 07.11.2021 City-SP 2695657 Food/Snack
Zone, Ward- with gas
84-N cylinder/fire
7 Dhanraj 07.11.2021 City-SP 1452667 Food/Snack
Zone, Ward- with gas
84-N cylinder/fire
Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:29.05.2023
17:21:37
7. 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 above-mentioned
street vendors 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 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 the above-
mentioned street vendors, to vend within City-SP Zone, Ward-84-N,
subject to the terms and conditions of the said certificates of vending
dated 07.11.2021, 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 applications also stand disposed of.
11. 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:29.05.2023
17:21:37
GAURANG KANTH
(JUDGE)
MAY 25, 2023
Aanchal
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Signature Not Verified
Digitally Signed
By:DURGESH NANDAN
Signing Date:29.05.2023
17:21:37
