Full Text
$-7 HIGH COURT OF DELHI
JUDGMENT
TERSH SHAH ..... Petitioner
Advocates who appeared in this case:
For the Petitioner : Mr. Vibhuti Bhushan Mishra, Mr. Kamlesh Kr. Mishra, Mr. Aditya, Mr. P S Rao &
Mr. Dipak Raj, Advocates.
For the Respondents : Mr. Chetanya Singh, Ms. Ria Sachthey and
Mr. Chetan Sharma, Advocates for R-1/MCD Ms. Sweety Singh and Mr. Rahul Pandey, Advocates for R-2 & R-3.
HON’BLE MR. JUSTICE ANISH DAYAL
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:-
“I. For an order directing the respondent authorities to ensure that the petitioner is allowed to peacefully vend at his vending spot at Shaheed Jeet Singh Marg,Near Fai Bus Stand, Near By To Uso Marg, Qutub Institutional Area, New Delhi-110067, in accordance with the vending certificate.
II. Pass an order directing the respondents, their officials, their agents etc. be restrained form harassing the petitioner and from any further illegal removal of the petitioner form his vending spot.
III. Pass an order against respondent No.4 to compensate/ pay for the damages caused to the petitioner.
IV. Pass An Order Directing The Respondents To
Decide The Final Tehbazari Site Of The Petitioner And Grant Appropriate Letter/ Document Along With The Possession For The Said Tehbazari Site.
V. 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. Mr. Chetanya Singh, learned counsel appearing on behalf of MCD and Ms. Sweety Singh, learned counsel appearing on behalf of respondent No. 2 and 3 accept notice.
4. Learned 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:-
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), 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. Tersh Shah, has been issued Certificate of Vending dated 06.11.2021 (URI: 5649037) in the category of ‘Food/ Snacks with gas cylinder/ fire’ which is annexed as Annexure P-1, 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. Tersh Shah, to continue to vend within South Zone, Ward- S-67, 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. Tersh Shah, the petitioner herein, to vend within South Zone, Ward- S-67, subject to the terms and conditions of the aforementioned Certificate of Vending dated 06.11.2021 without any let or hindrance.
10. Needless to state that the petitioner will be at liberty to articulate the difficulties faced by him, before the appropriate authorities i.e. Town Vending Committee (TVC), at the time they carry out the subject survey, in accordance with law, in relation to the Certificate of Vending.
11. No further directions are prayed for.
12. With the above directions, the writ petition is disposed of accordingly.
13. 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 09, 2023/SM/vp