Delhi High Court
Mahavir And Ors. vs Municipal Corporation Of Delhi ... on 26 May, 2023
Neutral Citation Number 2023:DHC:4038-DB
#$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered on: 26.05.2023
+ W.P.(C) 7446/2023, CM APPL. 28941/2023 (Ad Interim Ex-
Parte Stay) & 28942/2023 (Exemption)
MAHAVIR AND ORS. ..... Petitioners
versus
MUNICIPAL CORPORATION OF DELHI AND ORS
..... Respondents
Advocates who appeared in this case:
For the Petitioners : Ms. Meenakshi Joshi, Advocate.
For the Respondents : Ms. Tajinder Virdi, Standing Counsel with Ms. Sakshi
Tiwari, Advocate for R-1/MCD.
Mr. Abhinav Garg, Panel Counsel/GNCTD with Mr. Mihir
Gujjewar and Mr. Arjun Nanrang, Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J. (OPEN COURT)
1. The present petition has been instituted on behalf of the petitioners
under Article 226 of the Constitution of India, 1950, praying as follows:
Signature Not Verified "a) Issue an appropriate Writ of Mandamus, Order or direction to the
Digitally Signed Respondents No.1-2 not to disturb the petitioners from vending at
By:AANCHAL TAGGAR
Signing Date:02.06.2023W.P.(C)
Neutral Citation Number 2023:DHC:4038-DB
Central Zone, Ward-S-91, South Delhi Municipal Corporation, Delhi-
110024.
b) Pass such other or further order(s) as may be deemed fit and proper
in facts and circumstances of the present case.
2. Issue notice.
3. Ms. Tajinder Virdi, learned Standing Counsel accepts notice on
behalf of the respondent no. 1/Municipal Corporation of Delhi (MCD).
Mr. Abhinav Garg, learned Panel Counsel/GNCTD accepts notice on
behalf of respondent Nos. 2.
4. Learned standing 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.
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.
Signature Not Verified
7. Vendor shall display copy of vending certificate on
Digitally Signed
his place/vending site and will produce
By:AANCHAL TAGGAR
Signing Date:02.06.2023W.P.(C)
Neutral Citation Number 2023:DHC:4038-DB
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."
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
Signature Not Verified
Digitally Signed
By:AANCHAL TAGGAR
Signing Date:02.06.2023W.P.(C)
Neutral Citation Number 2023:DHC:4038-DB
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 A-1, 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. Mahavir 06.11.2021 Central 3065266 Others
Zone, Ward-
S-91
2 Mr. Pankaj Saha 06.11.2021 Central 3167953 Others
Zone, Ward-
S-91
3 Mr. Nayer Alam 06.11.2021 Central 9950596 Others
Zone, Ward-
S-91
10. In view of the foregoing, learned counsel appearing on behalf of the
petitioners, seeks a solitary relief in the present writ petition, i.e. a direction
to the Municipal Corporation of Delhi, to permit the petitioners to continue
to vend within Central Zone, Ward-S-91, strictly and scrupulously in
compliance with the terms and conditions of the said certificates of
vending and in accordance with law.
11. In view of the above, the present writ petition is allowed; and the
Municipal Corporation of Delhi is directed to permit the petitioners to
vend within Central Zone, Ward-S-91, subject to the terms and
Signature Not Verified
Digitally Signed
By:AANCHAL TAGGAR
Signing Date:02.06.2023W.P.(C)
Neutral Citation Number 2023:DHC:4038-DB
conditions of the said certificates of vending dated 06.11.2021, without
any let or hindrance.
12. Needless to state that the petitioners falling within the category of
'Others' will be at liberty to articulate any difficulties faced by them,
before the appropriate authorities, in accordance with law, in relation to
the certificates of vending, insofar as it employs the expression 'Others'.
13. No further directions are prayed for.
14. With the above directions, the writ petition is disposed of
accordingly. Pending application(s) also stand disposed of.
14. A copy of this judgment be uploaded on the website of this Court
forthwith.
SIDDHARTH MRIDUL, J
(JUDGE)
TALWANT SINGH, J
(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)
