Jawahar Lal & Ors. v. Municipal Corporation of Delhi & Ors.

1. The petitioners claim that they are street vendors and were carrying on their hawking/vending activities from Library Road, Azad Market, Delhi (hereafter the given site). They have filed the present petition, inter alia, praying as under:

2. The petitioners are essentially aggrieved on account of the actions of the respondents in not permitting them to carry on their vending/hawking activities from the given site being the Library Road, Azad Market, Delhi as the same has been declared as a ‘no-vending/no-hawking zone’.

3. In the aforesaid context, the petitioners claim that they be allowed to vend at the given site (Library Road, Azad Market, Delhi) and this Court to declare that the same should not be treated as a ‘no-hawking/no-vending zone’ by respondent nos.[1] and 2.

4. The petitioners seek to rely upon an order dated 09.09.2013, passed by the Supreme Court in CA No.4156-4157/2002 [Maharashtra Ekta Hawkers Union and Anr. Vs. Municipal Corporation, Greater Mumbai and Ors.], in support of their contention that no area can be declared as a novending zone prior to preparation of the vending plan in terms of Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereafter the Street Vendors Act).

5. The learned counsel for the petitioners also relies on a Circular dated 06.05.2014 (hereafter the Circular) issued by the Municipal Corporation of Delhi (MCD), whereby the aforesaid order dated 09.09.2013 passed by the Supreme Court was circulated to all the concerned officers requesting the concerned Dy. Commissioners not to take action against the vendors/hawkers operating under their respective jurisdictions, in violation of the aforementioned order[1] dated 09.09.2013 passed by the Supreme Court.

6. The petitioners, essentially, seek that till the vending plan is prepared in terms of Section 21 of the Street Vendors Act, the street vendors not be evicted or obstructed from carrying on hawking/vending activities in areas on account of the said areas being declared as a ‘no-hawking/no-vending zone’.

7. The issue involved in this present petition is covered by an earlier decision of the Coordinate Bench of this Court in Vyapari Kalyan Mandal Main Pushpa & Anr. v. South Delhi Municipal Corporation & Others[2]. In the said case, the court had directed that the ‘no-hawking/no-vending zones’ which were declared prior to the Street Vendors Act coming into force will continue to be operated till a new vending plan is prepared under Section 21 of the Street Vendors Act and the concerned committee demarcates no vending zones. Maharashtra Ekta Hawkers Union and Anr. Vs. Municipal Corporation, Greater Mumbai and Ors: (2009) 17 SCC 151

8. Clause 3(e) of the First Schedule of the Street Vendors Act, provides that no zone would be declared as a ‘no-hawking/no-vending’ zone till the survey is completed and the vending plan is framed. The petitioners rely on the said provision in support of their case. In Vyapari Kalyan Mandal Main Pushpa & Anr. v. South Delhi Municipal Corporation & Others[2]., this Court held that Clause 3(e)3 of the First Schedule to the Street vendors Act does not militate against maintaining the extant no vending zones as ‘nohawking/no-vending’ zones.

9. The decision in the case of Vyapari Kalyan Mandal Main Pushpa & Anr. v. South Delhi Municipal Corporation & Others[2], was subsequently followed by this court in Veer Singh vs. The Chairman of NDMC & Others[4].

10. The contention that the decision in Vyapari Kalyan Mandal Main Pushpa & Anr. v. South Delhi Municipal Corporation & Others[2] was rendered in disregard of the order dated 09.09.2013 passed by the Supreme Court and the Circular dated 06.05.2014 is erroneous.

11. In Vyapari Kalyan Mandal Main Pushpa & Anr. v. South Delhi Municipal Corporation & Others[2], indicates that this court had considered the decision in Maharashtra Ekta Hawkers Union and Anr. v. Municipal Corporation, Greater Mumbai[5], which was passed prior to the enactment of the Street Vendors Act and the same coming into force.

12. It is also relevant to note that the petitioners had prior to filing the (3) Declaration of no-vending zone shall be carried out by the plan for street vending, subject to the following principles, namely:- *** *** *** (e) till such time as the survey has not been carried out and the plan for street vending has not been formulated, no zone shall be declared as a no-vending zone. Neutral Citation No.:2024:DHC:641-DB present petition filed a petition [W.P.(C) 9645/2021 captioned Jawahar Lal and Ors. vs. Municipal Corporation of Delhi and Ors.] seeking similar reliefs. The prayers in the said writ petition are set out below: “In view of the facts and circumstances of the present case, it is therefore most respectfully prayed before this Hon’ble Court that this Hon’ble Court may most graciously be pleased to:-

Petitioners and their likes squatting from 06:00 AM to 10:00 AM at Library Road, Azad Market, Delhi till creation of demarcate vending/hawking zones at City SP Zone, Delhi and survey of existing street vendors at Library Road, Azad Market is completed in accordance with order dated 09.09.2013 passed by the Hon’ble Supreme Court in C.A. 4156-4157/2002 and as per S.3(3) of the Street Act 2014; AND