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HIGH COURT OF DELHI
JUDGMENT
GANESH RATHORE ..... Petitioner
Advocates who appeared in this case:
For the Petitioner : Ms. Renu, Mr. Aditya, Mr. Anjani Kr. Mishra, Mr. Kamlesh Kr. Mishra, Mr. Dipak, Mr. Bibhuti Bhushan
Misra and Mr. Kailash Kr. Jha, Advocates along with petitioner in-person.
For the Respondents : Ms. Puja Kalra, Standing Counsel for R-1/MCD.
Mr. Divyam Nandrajog, Panel Counsel, GNCTD along with Mr. Mayank Kamra, Advocate for R-2, R-3, R-4
& R-5.
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:- “In the facts and circumstances stated herein above, it is Most Respectfully prayed that this Hon’ble Court may graciously be pleased to:
I. For an order/ Direction to the respondents to let the petitioner vend at his designated vending site without any illegal interference and in compliance with the vending certificate.
II. For an order directing the respondent authorities to ensure that the petitioner is allowed to peacefully vend at his vending spot at i.e near Saheed jeet Singh Marg Qutub Institutional Area, South Zone Ward S-67, New Delhi- 110067
III. Pass an order directing the respondents, their officials, their agents etc. be restrained form illegally harassing the petitioner form peacefully vending at the spot.
IV. Pass an order/ direction to the respondents to Decide the representation dated 17.07.2023 marked as
ANNEXURE P-2.
V. Pass the order for compensation of Rs. 5 lakhs to the petitioner for the damages caused to him.
VI. Pass any such directions or order that this
2. Issue notice.
3. Ms. Puja Kalra, learned Standing Counsel, accepts notice on behalf of the respondent No. 1/MCD and Mr. Divyam Nandrajog, learned Panel Counsel accepts notice on behalf of the respondent Nos. 2, 3, 4 and 5.
4. Learned Standing 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 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.
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. Ganesh Rathore, has been issued certificate of vending dated 06.11.2021, 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, i.e. a direction to the Municipal Corporation of Delhi, to permit Mr. Ganesh Rathore, to continue to vend within South Zone, Ward-S-67, URI: 6961272, 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. Ganesh Rathore, the petitioner, 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 them, before the appropriate authorities, in accordance with law, in relation to the certificate of vending, insofar as it employs the expression ‘Others’.
11. No further directions are prayed for.
12. With the above directions, the writ petition is disposed of accordingly. The pending applications also stand disposed of.
13. A copy of this judgment be uploaded on the website of this Court forthwith.
SIDDHARTH MRIDUL (JUDGE)
ANISH DAYAL (JUDGE) AUGUST 11, 2023 Click here to check corrigendum, if any