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#S-42 HIGH COURT OF DELHI
JUDGMENT
AMRIT LAL CHAURASIYA & ANR. ..... Petitioners
Advocates who appeared in this case:
For the Petitioners : Mr. Varun Singh, Ms. Kajal Gupta, Ms. Smriti Wadhwa and Ms. Somesa Gupta, Advocates.
For the Respondents : Ms. Vandana Sehgal, Advocate for R-1 & R-2.
Ms. Priyam Agarwal, Advocate for Mr. Sanjay Lao, Standing Counsel (Criminal) for R-3/P.S.: South
Shahdara Zone.
HON’BLE MR. JUSTICE ANISH DAYAL
1. The present writ petition under Article 226 and 227 of the Constitution of India, 1950, has been instituted on behalf of the petitioners, praying as follows:- “It is, therefore, most respectfully and humbly prayed from this Hon’ble Court that this Writ Petition may please be allowed. It is further prayed that this Hon’ble Court may:a. Issue appropriate writ, order and/ or direction against the Respondent No. 1 & 3 for abusing his power and prohibiting Respondent No. 1 & 3 from continuously harassing the Petitioners. b. Issue appropriate writ, order and/ or direction allowing the Petitioners to carry of the business as Street Vendor peacefully and in accordance with their Certificate of Vending, without any illegal interference from the Respondent authorities. c. Allow the petitioners the same relief as prayed for in W.P.(C)10710/2023 in pursuance of this Hon'ble Court's oral directions for filing separate writ for separate category of street vendors; d. Any other order which this Hon’ble Court may deem fit in the facts and circumstances of the case may also be passed.”
2. Issue notice.
3. Ms. Vandana Sehgal, learned counsel accepts notice on behalf of the respondent Nos. 1 and 2/MCD and Ms. Priyam Agarwal, learned counsel accepts notice on behalf of the respondent No. 3/P.S.: South Shahdara Zone.
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 Certificate 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.
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-2 and Annexure P-3, to the present writ petition.
NAME OF THE STREET VENDORS DATE OF ISSUE OF VENDING CERTIFICAT E PLACE OF VENDING VENDING CERTIFIC ATE (URI)
CATEGORY OF THE COV ISSUED
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 petitioner No.1, namely, Mr. Amrit Lal Chaurasiya, to continue to vend within Shahdara South Zone, Ward-19E and the petitioner No. 2, namely, Mr. Mushrraf, to continue to vend within Shahdara South Zone, Ward-14E respectively, 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 petitioner No.1, namely, Mr. Amrit Lal Chaurasiya, to continue to vend within Shahdara South Zone, Ward-19E and the petitioner No. 2, namely, Mr. Mushrraf, to continue to vend within Shahdara South Zone, Ward-14E respectively, subject to the terms and conditions of the aforementioned certificates of vending dated 08.11.2021 and 24.11.2021, 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 06, 2023 Click here to check corrigendum, if any