Delhi High Court
Rehri Patri Ekta Manch vs Municipal Corporation Of Delhi ... on 17 October, 2023
$~S-15
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 17.10.2023
W.P.(C) 12619/2023 & CM APPL. 49791/2023 (for ad interim ex-parte
order)
REHRI PATRI EKTA MANCH ..... Petitioner
Versus
MUNICIPAL CORPORATION OF DELHI AND ORS...... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Krishna Gopal Mishra & Mr. Lokesh Pant, Advocates.
For the Respondents : Ms. Tajinder Virdi, Standing Counsel for MCD (through
video-conferencing)
Mr. Divyam Nandrajog, Panel Counsel GNCTD with Mr.
Jatin Dua, Advocate.
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
Signature Not Verified
By:DURGESH NANDAN
Signing Date:19.10.2023
11:27:59
India, 1950, has been instituted by petitioner Association, 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:
1. Pass an Order directing the respondents to ensure
that the petitioner Street Vendors be allowed to
peacefully vend in terms of the vending certificate
issued to them, on their vending sites i.e., On
Pavement at Lal Quila Metro Gate No. 1, Old Lajpat
Rai market from opposite Shop No. I to shop no. 848
near dewan Hall Road City SP Zone, Ward 84 N,
Delhi without any hindrance being caused by any
public official.
2. Pass an order directing the respondents, their
officials, their agents etc. be restrained from
harassing the petitioners from peacefully vending at
their vending sites."
2. Issue notice.
3. Ms. Tajinder Virdi, learned Standing Counsel, accepts notice on
behalf of the MCD and Mr. Divyam Nandrajog, learned counsel accepts
notice on behalf of the GNCTD.
4. Learned Standing Counsel appearing on behalf of the MCD, has
invited our attention to the terms and conditions, permitting the petitioners
to vend.
5. For the sake of completeness, the said terms and conditions attached
to the Certificates of Vending, are reproduced herein below:-
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By:DURGESH NANDAN
Signing Date:19.10.2023
11:27:59
"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.
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 vendors of the
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By:DURGESH NANDAN
Signing Date:19.10.2023
11:27:59
petitioner Association, it is clearly stipulated that 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 said vendors,
at this stage. Learned counsel appearing on behalf of the petitioner
Association states, that they do not pray for the relief for the said vendors,
running their business from any particular vending site, within the zone
where they have been permitted to vend by the Municipal Corporation of
Delhi, and further, the limited relief that is prayed for, is to permit the said
vendors to vend strictly, in accordance with the terms and conditions of the
Certificates of Vending, 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
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By:DURGESH NANDAN
Signing Date:19.10.2023
11:27:59
the areas under the MCD zones; pursuant to which, the following vendors
have been issued certificates of vending, which are annexed as Annexure P-
3, to the present writ petition.
S.NO. NAME OF DATE OF PLACE VENDING CATEGORY
THE ISSUE OF OF CERTIFICATE
STREET VENDING VENDING (URI)
VENDORS CERTIFICATE
1 Sumitra 12.04.2022 City-SP 1338043 Others
Devi Zone,
Ward-84-N
2 Raj Kumar 07.11.2021 City-SP 7100897 Others
Zone,
Ward-84-N
3 Parvesh 07.11.2021 City-SP 9566688 Others
Kumar Zone,
Yadav Ward-84-N
4 Lalit 31.01.2022 City-SP 7790590 Others
Kumar Zone,
Yadav Ward-84-N
5 Saurabh 28.02.2022 City-SP 8549446 Others
Srivastava Zone,
Ward-84-N
6 Chetram 07.11.2021 City-SP 7300550 Others
Zone,
Ward-84-N
7 Vinod 07.11.2021 City-SP 2614762 Others
Zone,
Ward-84-N
8 Manish 07.11.2021 City-SP 8342081 Others
Gupta Zone,
Ward-84-N
9 Amresh 28.02.2022 City-SP 8882177 Others
Yadav Zone,
Ward-84-N
10 Hemant 07.11.2021 City-SP 4551686 Others
Kumar Zone,
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By:DURGESH NANDAN
Signing Date:19.10.2023
11:27:59
Ward-84-N
11 Md. Shabir 07.11.2021 City-SP 5847791 Food/ Snack
Zone, with gas
Ward-84-N cylinder/ fire
12 Geeta Devi 31.01.2022 City-SP 9877171 Fresh Fruits/
Zone, Vegetables/
Ward-84-N Perishables
13 Jaiprakash 07.11.2021 City-SP 1290360 Others
Sudhish Zone,
Kumar Ward-84-N
14 Sonali 07.11.2021 City-SP 3427567 Others
Thakur Zone,
Ward-84-N
15 Krishna 07.11.2021 City-SP 3256743 Others
Devi Zone,
Ward-84-N
16 Jaikishan 07.11.2021 City-SP 2046273 Others
Dass Zone,
Bachani Ward-84-N
17 Raju 07.11.2021 City-SP 4560669 Others
Zone,
Ward-84-N
18 Arjun 07.11.2021 City-SP 3133554 Others
Kumar Zone,
Ward-84-N
19 Anjali Devi 07.11.2021 City-SP 3113339 Others
Zone,
Ward-84-N
20 Mohammad 07.11.2021 City-SP 1775792 Others
Abdul Zone,
Ward-84-N
21 Mohd Alam 07.11.2021 City-SP 9623753 Others
Zone,
Ward-84-N
22 Anuj 07.11.2021 City-SP 6370856 Food/ Snack
Kumar Zone, with gas
Srivastava Ward-84-N cylinder/ fire
Signature Not Verified
By:DURGESH NANDAN
Signing Date:19.10.2023
11:27:59
8. In view of the foregoing, learned counsel appearing on behalf of the
petitioner Association, categorically 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, 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 the above-
mentioned street vendors, to vend within City-SP Zone, Ward-84-N,
subject to the terms and conditions of their certificates of vending, without
any let or hindrance.
10. Needless to state that the above-mentioned vendors 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‟.
11. These directions have been passed only in respect of those vendors,
whose Certificate of Vending (COV) have been appended with the present
petition.
Signature Not Verified
By:DURGESH NANDAN
Signing Date:19.10.2023
11:27:59
12. No further directions are prayed for.
13. With the above directions, the writ petition is disposed of accordingly.
Pending application also stands disposed of.
14. A copy of this judgment be uploaded on the website of this Court
forthwith.
SIDDHARTH MRIDUL
(JUDGE)
ANISH DAYAL
(JUDGE)
OCTOBER 17, 2023
Aanchal
Signature Not Verified
By:DURGESH NANDAN
Signing Date:19.10.2023
11:27:59
