Delhi High Court
Subodh Bind And Ors vs Municipal Corporation Of Delhi ... on 4 October, 2023
$~51
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered on: 04.10.2023
+ W.P.(C) 12964/2023
SUBODH BIND AND ORS ..... Petitioners
versus
MUNICIPAL CORPORATION OF DELHI AND ORS.
....Respondents
Advocates who appeared in this case:
For the Petitioners: Mr. Kamlesh Kumar Mishra & Mr. Aditya,
Advocates.
For the Respondents: Ms. Shweta Priya, Counsel for MCD.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE ANISH DAYAL
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 petitioners, praying as
follows:-
Signature Not Verified
Digitally Signed W.P.(C) 12964/2023 Page 1/7
By:MANISH KUMAR
Signing Date:09.10.2023
10:46:34
"I. Pass an order directing the respondents to allow the
petitioners to peacefully vend in terms of the Certificate of
Vending issued to them.
II. Pass an Order directing the respondents to ensure that the
petitioners be allowed to peacefully vend on their vending sites
i.e., On the Footpath, SPM Marg, Opposite Maharani Avanti
Bai Lodhi Smarak, Pul Mithai, City SP Zone, Ward-83-N, New
Delhi without any hindrance being caused by any public official.
III. Pass an order directing the respondents, their officials, their
agents etc. be restrained from harassing the petitioners from
peacefully vending at their vending sites.
IV. Pass an order directing the SHO, PS Sabzi mandi to ensure
that the petitioner street vendors shall be allowed to peacefully
vend at their vending sites.
V. Pass an order directing the respondent MCD to correct the
nomenclature in the column for Type of Vendor from "Others"
to "Stationary Street Vendor" (in view of the Section 6 of the
Act) as detailed in the vending certificates issued to the
petitioners.
VI. Pass an order directing the TVC, City SP Zone to decide the
representation dated 28.08.2023 made by the petitioners for
declaring them as a Stationary Street Vendor in terms of the
Section 6 of the Act.
VII. 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. Shweta Priya, learned counsel appearing on behalf of
respondent No.1/Municipal Corporation of Delhi (MCD), accepts notice.
Signature Not Verified
Digitally Signed W.P.(C) 12964/2023 Page 2/7
By:MANISH KUMAR
Signing Date:09.10.2023
10:46:34
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. 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.
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.
Signature Not Verified
Digitally Signed W.P.(C) 12964/2023 Page 3/7
By:MANISH KUMAR
Signing Date:09.10.2023
10:46:34
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 Certificates of Vending issued to the petitioners, it is
clearly stipulated they cannot vend from any particular location, contrary
to the express terms of Clause no. '11', of the said Certificates 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 petitioners at this stage.
7. Learned counsel appearing on behalf of the petitioners states that he
does not pray for the relief of running their respective businesses from any
particular vending site, within the zone where the petitioners have been
permitted to vend by the Municipal Corporation of Delhi, and further, the
solitary relief that is prayed for is to permit them to vend, strictly in
accordance with the terms and conditions of the Certificates of Vending
dated 07.11.2021, issued by the Municipal Corporation of Delhi.
Signature Not Verified
Digitally Signed W.P.(C) 12964/2023 Page 4/7
By:MANISH KUMAR
Signing Date:09.10.2023
10:46:34
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, the
petitioners have been issued Certificates of Vending, which are annexed as
Annexure P-2, to the present writ petition.
S.NO. NAME OF THE DATE OF ISSUE PLACE OF VENDING CATEGORY
STREET OF VENDING VENDING CERTIFICATE OF THE COV
VENDORS CERTIFICATE (URI) ISSUED
1 Subodh Bind 07.11.2021 City-SP Zone, 2880553 Others
Ward- 83-N·
2 Vinay Kumar Bind 07.11.2021 City-SP Zone, 5173678 Others
Ward- 83-N·
3 Parvesh 07.11.2021 City-SP Zone, 1441350 Others
Ward- 83-N·
4 Raj Kapoor Poddar 07.11.2021 City-SP Zone, 2610488 Others
Ward- 83-N·
5 Vijay Kumar 07.11.2021 City-SP Zone, 1895007 Others
Ward- 83-N·
6 Ravinder Kumar 07.11.2021 City-SP Zone, 9082690 Others
Chaurasia Ward- 83-N·
7 Ajit Kumar 07.11.2021 City-SP Zone, 3673139 Others
Chorasiya Ward- 83-N·
8 Kaleshwar Bind 07.11.2021 City-SP Zone, 9029046 Others
Ward- 83-N·
9 Vikash Kumar 07.11.2021 City-SP Zone, 9919654 Others
Ward- 83-N·
10 Sonu Kumar 07.11.2021 City-SP Zone, 2671906 Others
Signature Not Verified
Digitally Signed W.P.(C) 12964/2023 Page 5/7
By:MANISH KUMAR
Signing Date:09.10.2023
10:46:34
Ward- 83-N·
11 Adalat Chourasia 07.11.2021 City-SP Zone, 1911981 Others
Ward- 83-N·
12 Baleshvar Bind 07.11.2021 City-SP Zone, 4200661 Others
Ward- 83-N·
13 Sakaldev Bind 07.11.2021 City-SP Zone, 9483318 Others
Ward- 83-N·
8. In view of the foregoing, learned counsel appearing on behalf of the
petitioners, 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- 83-N, strictly
and scrupulously in compliance with the terms and conditions of the said
Certificates of Vending.
9. 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 their respective zones, subject to
the terms and conditions as specified in the Certificate of Vending, without
any let or hindrance.
10. Needless to state that, insofar as prayer clause (VI) is concerned, the
petitioners will be at liberty to prosecute their representations and
articulate any difficulties faced by them, before the appropriate authorities,
Signature Not Verified
Digitally Signed W.P.(C) 12964/2023 Page 6/7
By:MANISH KUMAR
Signing Date:09.10.2023
10:46:34
in accordance with law, in relation to the Certificate of Vending, insofar as
it employs the expression 'Others'.
11. No further directions are prayed for.
12. With the above directions, the writ petition is disposed of
accordingly. Pending application(s), if any, also stand disposed of.
13. A copy of this judgment be uploaded on the website of this Court,
forthwith.
SIDDHARTH MRIDUL
(JUDGE)
ANISH DAYAL
(JUDGE)
OCTOBER 04, 2023/SM
Signature Not Verified
Digitally Signed W.P.(C) 12964/2023 Page 7/7
By:MANISH KUMAR
Signing Date:09.10.2023
10:46:34
