Nazma vs Municipal Corporation Of Delhi ...
2023 Latest Caselaw 3654 Del

                          $~S-26

                           IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                                Judgment Delivered On: 11.09.2023
                          W.P.(C) 9915/2023, CM APPL. 38181/2023 (Exemption) & CM
                          APPL. 38182/2023 (Stay)

                          NAZMA                                                  ..... Petitioner


                                               Versus


                          MUNICIPAL CORPORATION OF DELHI AND OTHERS
                                                           .... Respondents



                          Advocates who appeared in this case:

                          For the Petitioner   :     Mr. Niraj Chaudhry, Advocate.


                          For the Respondents :      Ms. Tajinder Virdi, Standing Counsel for MCD
                                                     (through video-conferencing).
                                                     Mr. Divyam Nandrajog, Panel Counsel GNCTD with
                                                     Mr. Mayank Kamra, 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:16.09.2023 12:16:18 India, 1950, has been instituted on behalf of the petitioner, praying as

follows:-

'A. To pass an appropriate writ, order and mandamus thereby directing the respondent No. 1 to 3 to allow the petitioner to do her business in the area falling in Rohini Zone, MCD, Delhi and not to create any hindrance or interference in peaceful functioning of his business by the petitioner and to stop the violation of fundamental rights of the petitioner and discharging of her duties by the respondents in accordance with law and bye- laws, in the interest of justice.

Any other relief/reliefs may also be granted in favour of the petitioner and against the respondent, which this Hon'ble court deems fit and proper in accordance with circumstances of the case.'

2. Issue notice.

3. Ms. Tajinder Virdi, learned Standing Counsel, accepts notice on

behalf of the MCD and Mr. Divyam Nandrajog, learned panel 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 petitioner

to vend.

5. For the sake of completeness, the said terms and conditions

attached to the Certificate of Vending, are reproduced herein below:-

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By:DURGESH NANDAN Signing Date:16.09.2023 12:16:18 "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

Signature Not Verified

By:DURGESH NANDAN Signing Date:16.09.2023 12:16:18 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,

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. Learned counsel appearing on behalf of the petitioner states, that he

does not pray for the relief of running her business from any particular

vending site, within the zone where she has been permitted to vend by the

Municipal Corporation of Delhi, and further, the limited relief that is

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By:DURGESH NANDAN Signing Date:16.09.2023 12:16:18 prayed for, is to permit the petitioner to vend strictly, in accordance with

the terms and conditions of the Certificate of Vending dated 06.11.2021,

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 the areas under the MCD zones; pursuant to which, the

petitioner, namely, Ms. Nazma, has been issued a certificate of vending

dated 06.11.2021 (URI: 6910414), which is annexed as Annexure P-2

(colly), 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 Ms. Nazma,

to continue to vend within Rohini, Ward- 25-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.

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By:DURGESH NANDAN Signing Date:16.09.2023 12:16:18

9. In view of the above, the present writ petition is partly allowed;

and the Municipal Corporation of Delhi is directed to permit Ms. Nazma,

the petitioner herein, to vend within Rohini, Ward- 25-N, subject to the

terms and conditions of the aforementioned 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. Pending application also stand disposed of.

12. A copy of this judgment be uploaded on the website of this Court

forthwith.

SIDDHARTH MRIDUL (JUDGE)

ANISH DAYAL (JUDGE)

SEPTEMBER 11, 2023 Aanchal Click here to check corrigendum, if any

Signature Not Verified

By:DURGESH NANDAN Signing Date:16.09.2023 12:16:18