Full Text
#S-55 HIGH COURT OF DELHI
JUDGMENT
For the Petitioners : Mr. Bibhuti Bhushan Mishra, Mr. Kamalesh Kumar
Mishra, Mr. Anjani Mishra, Mr. Aditya and Mr. Dipak, Advocates.
For the Respondents : Ms. Shivangi Kumar, Advocate for R-1/MCD.
Mr. Divyam Nandrajog, Panel Counsel, GNCTD along with Mr. Mayank Kamra, Advocate for R-3 & R-4.
HON’BLE MR. JUSTICE ANISH DAYAL
1. The present writ petition under Article 226 of the Constitution of India, 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 petitioners to peacefully vend in terms of the Certificate of Vending issued to them.
II. Pass an Order directing the respondents to ensure that the petitioners be allowed to peacefully vend on their vending sites i.e., On the Footpath, Vikas Marg, Near Lalita Park, Laxmi Nagar, Shahdara South Zone, Ward-13-E, Delhi without any hindrance being caused by any public official.
III. Pass an order directing the respondents, their officials, their agents etc. be restrained from harassing the petitioners from peacefully vending at their vending sites.
IV. Pass an order directing the SHO, PS Laxmi
V. Pass an order directing the respondent MCD to correct the nomenclature in the column for Type of Vendor from "Food/Snack with gas cylinder/fire" to "Stationary Street Vendor" (in view of the Section 6 of the Act) as detailed in the vending certificates issued to the petitioners.
VI. Pass an order for quashing and setting aside the terms of certificate of vending printed at the back side of the vending certificate to the extent which is not applicable to a stationary street vendor.
VII. Pass an order directing the TVC, Shahdara
South Zone to decide the representation dated 11.08.2023 made by the petitioners for declaring them as a Stationary Street Vendor in terms of the Section 6 of the Act.
VIII. Pass any such directions or order that this
2. Issue notice.
3. Ms. Shivangi Kumar, learned counsel accepts notice on behalf of the respondent No. 1/MCD and Mr. Divyam Nandrajog, learned Panel Counsel, GNCTD, accepts notice on behalf of the respondent Nos. 3 and 4/SHO, P.S.: Laxmi Nagar
4. Learned counsel appearing on behalf of the MCD, has invited our attention to the terms and conditions, permitting the petitioners to vend.
5. For the sake of completeness, the said terms and conditions attached to the Certificates of Vending, are reproduced herein below:-
6. 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 zone 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 24.11.2021 and 08.11.2021, 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 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 CERTIFICATE PLACE OF VENDING VENDING CERTIFIC ATE (URI)
CATEGORY OF THE COV ISSUED
2 Mr. Kumar Pal Yadav 24.11.2021 Shahdara Ward-13E 8436897 Food/Snack with gas 3 Mr. Jeyaraman Kannan 08.11.2021 Shahdara Ward-13E 272041[3] Food/Snack with gas 4 Mr. Subhash Kumar 24.11.2021 Shahdara Ward-13E 9884329 Food/Snack with gas 5 Mr. Bhoore Lal 24.11.2021 Shahdara Ward-13E 4947000 Food/Snack with gas
8. In view of the foregoing, learned counsel appearing on behalf of the petitioners, categorically limits the relief in the present writ petition, i.e. to a direction to the Municipal Corporation of Delhi, to permit the aforesaid petitioners to continue to vend within Shahdara South Zone, Ward-18E and Shahdara South Zone, Ward-13E, 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.
9. In view of the above, the present writ petition is partly allowed; and the Municipal Corporation of Delhi is directed to permit the petitioners to vend within Shahdara South Zone, Ward-18E and Shahdara South Zone, Ward-13E, subject to the terms and conditions of the aforementioned certificates of vending dated 24.11.2021 and 08.11.2021, without any let or hindrance.
10. Needless to state that, insofar as prayer clause (VII) is concerned the petitioners will be at liberty to prosecute their representation dated 11.08.2023, appended to this petition, which is annexed as ‘Annexure P- 4, before the appropriate authorities, in accordance with law, in relation to their certificates of vending.
11. No further directions are prayed for.
12. With the above directions, the writ petition is disposed of accordingly.
13. A copy of this judgment be uploaded on the website of this Court forthwith.
SIDDHARTH MRIDUL (JUDGE)
ANISH DAYAL (JUDGE) AUGUST 31, 2023 Click here to check corrigendum, if any