Delhi High Court
Mohd Shabudin vs Municipal Corporation Of Delhi ... on 29 May, 2023
#S-48
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 29.05.2023
W.P.(C) 6852/2023 & CM APPL. 26793/2023 (interim relief)
MOHD SHABUDIN ....Petitioner
Versus
MUNICIPAL CORPORATION OF DELHI AND ORS.
....Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Bhibhti Bhushan Mishra, Advocate.
For the Respondents: Ms. Puja Kalra, Standing Counsel for R-1 along with
Mr. Virender Singh, Advocate for MCD.
Mr. Alok Saxena, Advocate for R-2 & R-3/GNCTD.
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:-
"In the facts and circumstances stated herein
above, it is Most Respectfully prayed that this
Hon'ble Court may graciously be pleased to:
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, Main Market, Hauz Khas, South Zone,
Ward-5-62, Delhi without any hindrance being
caused by any public official.
Signature Not Verified
Digitally Signed
By:AANCHAL TAGGAR
Signing Date:02.06.2023
18:09:47
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 respondent MCD
to correct the nomenclature in the column for
vending type from others to stationary street
vendor as detailed in the vending certificate
issued to the petitioner.
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. Ms. Puja Kalra, learned Additional Standing Counsel accepts
notice on behalf of the respondent No. 1/MCD and Mr. Alok Saxena,
learned counsel accepts notice on behalf of the respondent Nos. 2 and 3.
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:AANCHAL TAGGAR
Signing Date:02.06.2023
18:09:47
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."
6. In terms of the Certificate of Vending issued to the petitioner, it is
clearly stipulated that he cannot vend from any particular location,
Signature Not Verified
Digitally Signed
By:AANCHAL TAGGAR
Signing Date:02.06.2023
18:09:47
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.
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,
Mohd. Shabudin has been issued a certificate of vending dated
06.11.2021, URI: 6436867, which is annexed as Annexure P-2, 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 Mohd.
Shabudin to continue to vend within South Zone, Ward-S-62, strictly
and scrupulously in compliance with the terms and conditions of the said
Signature Not Verified
Digitally Signed
By:AANCHAL TAGGAR
Signing Date:02.06.2023
18:09:47
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 Mohd.
Shabudin, to vend within South Zone, Ward-S-62, subject to the terms
and conditions of the said certificate of vending dated 06.11.2021,
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)
TALWANT SINGH
(JUDGE)
MAY 29, 2023
Aanchal
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Signature Not Verified
Digitally Signed
By:AANCHAL TAGGAR
Signing Date:02.06.2023
18:09:47
