Delhi High Court
Ajay Kumar vs Municipal Corporation And Others on 20 September, 2023
$~S-33
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 20.09.2023
W.P.(C) 12377/2023 & CM APPL. 48841/2023 (Ad-interim stay)
AJAY KUMAR ..... Petitioner
Versus
MUNICIPAL CORPORATION AND OTHERS .... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Abhishek Saxena, Mr. Singh Nishant Sanjay
Kumar, Mr. Saurav Dewal, Mr. Vaibhav Patel, Mr.
Munish and Mr. Rahul Pratap Singh, Advocates.
For the Respondents : Ms. Puja Kalra, Standing Counsel for R-1/MCD.
Mr. Divyam Nandrajog, Panel Counsel, GNCTD along
with Mr. Jatin Dua, Advocate for R-2 & R-3.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE ANISH DAYAL
JUDGMENT
SIDDHARTH MRIDUL, J. (OPEN COURT)
CM APPL. 48842/2023 (Exemption)
Exemption allowed, subject to all just exceptions.
The application stands disposed of accordingly.
Signature Not Verified
By:DURGESH NANDAN
Signing Date:26.09.2023
16:40:53
W.P.(C) 12377/2023
1. The present writ petition under Article 226 of the Constitution of
India, 1950, has been instituted on behalf of the petitioner, praying as
follows:-
"It is, therefore, most respectfully prayed before
this Hon'ble Court that in the given facts and
circumstances of this case, it may, in the interest
of justice, be pleased to:
A. Pass an Order directing the respondents to
ensure that that the petitioner is allowed to
peacefully vend in terms of his vending site i.e.
south zone ward S-73 New Delhi, without any
Let or hindrance being cause by any public
official.
B. Pass an order directing the respondents, their
officials, their agents etc. be restrained from
harassing-dislocating-removing the petitioners
from peacefully vending at his vending site.
C. Pass an order directing the SHO P.S.
GHITORNI to ensure that the petitioner street
vendor shall not be forcefully and illegally be
removed from his vending site.
D. Pass an order directing the respondent
Government of NCT of Delhi to comply and
effectuate the provision of section 20 of the
STREET VENDORS (PROTECTION OF
LIVELIHOOD AND REGULATIONS OF
STREET VENDING) ACT, 2014, and make the
dispute redressal committee functional within the
stipulated time period
E. Pass an such order that no street vendor shall
be evicted from his vending site till the formation
of the vending zone.
Signature Not Verified
By:DURGESH NANDAN
Signing Date:26.09.2023
16:40:53
F. Pass an such directions or order that this
Hon'ble court deems fit and proper in the facts
and circumstances of the abovementioned case.
FOR WHICH ACT OF KINDNESS THE
PETITIONER SHALL AS IN DUTY BOUND
EVERY PRAY."
2. Issue notice.
3. Ms. Puja Kalra, learned Standing Counsel, accepts notice on behalf of
the respondent No.1/MCD and Mr. Divyam Nandrajog, learned panel
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.
5. Vendor shall not have any infectious
Signature Not Verified
By:DURGESH NANDAN
Signing Date:26.09.2023
16:40:53
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.
Signature Not Verified
By:DURGESH NANDAN
Signing Date:26.09.2023
16:40:53
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 his business from any particular vending site, within the
zone where he has been permitted to vend by the Municipal Corporation of
Delhi, and further, the limited relief that is 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),
Signature Not Verified
By:DURGESH NANDAN
Signing Date:26.09.2023
16:40:53
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,
Mr. Ajay Kumar, has been issued a certificate of vending dated 06.11.2021
(URI: 9374472), which is annexed as Annexure P-3, 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 Mr. Ajay
Kumar, to continue to vend within South Zone, Ward-S-73, 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 Mr. Ajay Kumar,
the petitioner herein, to vend within South Zone, Ward-S-73, subject to the
Signature Not Verified
By:DURGESH NANDAN
Signing Date:26.09.2023
16:40:53
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.
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)
ANISH DAYAL
(JUDGE)
SEPTEMBER 20, 2023/rs
Click here to check corrigendum, if any
Signature Not Verified
By:DURGESH NANDAN
Signing Date:26.09.2023
16:40:53
