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HIGH COURT OF DELHI
JUDGMENT
For the Petitioners : Mr. Kamlesh Kumar Mishra, Advocate.
For the Respondents : Ms. Puja Kalra, Standing Counsel for R-1/MCD.
Mr. Sanjay Lao, Standing Counsel (Criminal) for R-3 & R-
4/SHO.
HON'BLE MR. JUSTICE ANISH DAYAL
CM APPL. 49520/2023 (for deleting the petitioner Nos. 6, 8 and 25 from the array of memo of parties and to put on record the amended memo of parties)
1. The present application under Section 151 of the Code of Civil Procedure (CPC), 1908, has been instituted on behalf of the applicants/petitioner Nos. 6, 8 and 25, 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:
I. Allow the Petitioner No.6, 8 & 25 to withdraw from the present petition with liberty to avail the appropriate legal remedies.
II. Allow the Petitioner No.6, 8 & 25 for deletion from the array of memo of parties in the present writ petition.
III. Allow to put on record the amended memo of parties.
IV. Pass any such directions or order that this
AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.”
2. Issue notice.
3. Ms. Puja Kalra, learned Standing Counsel, accepts notice on behalf of the non-applicant/respondent No. 1/MCD and Mr. Sanjay Lao, learned Standing Counsel (Criminal) accepts notice on behalf of the nonapplicants/respondent Nos. 3 and 4/SHO and fairly do not oppose the present application.
4. In view of the foregoing and the reasons stated in the application, which is duly supported by an affidavit, the same is allowed and resultantly, the names of the petitioner No. 6, namely, Mr. Ateequr Rehman, petitioner No.8, namely, Mr. Saeed Ud Din and petitioner No.25, namely, Mr. Ameenuddin, are deleted from the array of memo of parties, in the accompanying writ petition.
5. The application is disposed of accordingly.
6. Let the amended memo of parties be taken on the record forthwith.
7. The present writ petition under Article 226 of the Constitution of India, 1950, has been instituted on behalf of the petitioners, 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:
I. Pass an order directing the respondents to allow the petitioner no. 2 to 25 to peacefully vend in terms of the Certificate of Vending issued to them.
II. Pass an Order directing the respondents to ensure that the petitioner no. 2 to 25 be allowed to peacefully vend on their vending sites i.e. On the Footpath, Neta Ji Subhash Park to Jama Masjid Metro Station Gate No-4, City SP Zone, Ward- 85-N without any hindrance being caused by any public official.”
8. Issue notice.
9. Ms. Puja Kalra, learned Standing Counsel, accepts notice on behalf of the respondent No. 1/MCD and Mr. Sanjay Lao, learned Standing Counsel (Criminal) accepts notice on behalf of the respondent Nos. 3 and 4/SHO.
10. Learned Standing Counsel appearing on behalf of the MCD, has invited our attention to the terms and conditions, permitting the petitioners to vend.
11. 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 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.”
12. In terms of the Certificates of Vending issued to the petitioners, 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 vendors can vend from any particular spot, the stipulation of 30 minutes time, contained in the said clause, is binding on the petitioners, at this stage. Learned counsel appearing on behalf of the petitioners, states that they do not pray for the relief of running their business from any particular vending site, within the zones 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 petitioners to vend strictly, in accordance with the terms and conditions of the Certificates of Vending dated 31.01.2022 and 12.04.2022, issued by the Municipal Corporation of Delhi.
13. 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 following petitioners have been issued certificates of vending, which are annexed as Annexure P- 3, to the present writ petition.
NAME OF THE STREET VENDORS DATE OF ISSUE OF VENDING CERTIFICATES PLACE OF VENDING VENDING CERTIFICAT ES (URI)
CATEGORY OF THE COV
2. Mr. Mohd Waseem 31.01.2022 City-SP Zone,Ward- 85-N 4486502 Others
3. Mr. Mohd Rafat 31.01.2022 City-SP 85-N 2546280 Others
4. Ms. Saima 12.04.2022 City-SP 85-N 6853694 Others
5. Mr. Mohd Naeem 31.01.2022 City-SP 85-N 3574976 Others
6. Mr. Mohd. Akhlas 12.04.2022 City-SP 85-N 7211253 Others
7. Mr. Zainul Abeddin 85-N 8594832 Others
8. Mr. Mohammad Abid 85-N 7733730 Others
9. Mr. Mohd. Wasit 31.01.2022 City-SP 85-N 9276319 Others
10. Mr. Mohammad Muzammil 85-N 7894410 Others
11. Mr. Mohd Daud 31.01.2022 City-SP 85-N 1470789 Others
12. Mr. Mushtaq Ahmed 85-N 9305373 Others
13. Mr. Mohd Sadiq 31.01.2022 City-SP 85-N 2506656 Others
14. Mr. Moinuddin 31.01.2022 City-SP 85-N 1374124 Others
15. Mr. Mohd Rashid 31.01.2022 City-SP 3545870 Others 85-N
16. Mr. Mohd Anas 31.01.2022 City-SP 85-N 6942008 Others
17. Mr. Rizwan Hasan 85-N 2363745 Others
18. Mr. Muteem Ahmed 85-N 8284430 Others
19. Mr. Muteeq Ahmed 85-N 2267622 Others
20. Mr. Kani Ram 31.01.2022 City-SP 85-N 2602939 Others
21. Mr. Mohd Yusuf 31.01.2022 City-SP 85-N 5962784 Others
22. Mr. Razi Ahmad 31.01.2022 City-SP 85-N 7709624 Others
14. In view of the foregoing, learned counsel appearing on behalf of the petitioners, seeks a solitary relief in the present writ petition, i.e. a direction to the Municipal Corporation of Delhi, to permit the above-said petitioners, to continue to vend within City-SP Zone, Ward-85-N, strictly and scrupulously in compliance with the terms and conditions of the said certificates of vending, particularly Clause no. 11, and in accordance with law.
15. In view of the above, the present writ petition is allowed; and the Municipal Corporation of Delhi is directed to permit the above-said petitioners, to vend within City-SP Zone, Ward-85-N, subject to the terms and conditions of the said certificates of vending dated 31.01.2022 and 12.04.2022, without any let or hindrance.
16. Needless to state that the petitioners will be at liberty to articulate the difficulties faced by them, 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 certificates of vending, insofar as it employs the expression ‘Others’.
17. No further directions are prayed for.
18. With the above directions, the writ petition is disposed of accordingly.
19. The date already fixed i.e. 16.10.2023, stands cancelled.
20. A copy of this judgment be uploaded on the website of this Court forthwith.
SIDDHARTH MRIDUL (JUDGE)
ANISH DAYAL (JUDGE) SEPTEMBER 22, 2023 Click here to check corrigendum, if any