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HIGH COURT OF DELHI
JUDGMENT
38667/2023 (condonation of delay)
RAZI ABBAS ..... Petitioner
Advocates who appeared in this case:
For the Petitioner : Mr. Shubhankar Sengupta, Advocate.
For the Respondents : Mr. Divya Prakash Pande, Standing Counsel for
MCD.
Mr. Karan Bhardwaj, ASC for GNCTD with Mr. Aayush Gautam & Mr. Rajat Gaba, Advocate for R-2.
Mr. Akshat Choudhary & Mr. Aniket Mookerjee, Advocate for 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:- ‘In the circumstances mentioned hereinabove, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:
(i) Issue a Writ of Mandamus or any other appropriate writ or order directing the Respondents to take immediate, suitable and necessary steps to ensure that the rights of the· Petitioner under the Certificate of Vending dated 06.11.2021 are not violated by any person including but not limited to the Respondent No.3 and further pass suitable directions to the Respondents to not dispossess or obstruct or disturb the petitioner in carrying of business of selling clothing garments from a small vending site situated at M-73, Inder Mohan Bhardwaj Marg, M-Block, Greatr Kailash-1 falling under South Zone, Ward-86 in Terms of the Certificate of Stret vending and Section 3(3) of The Street Vendors (Protection Of Livelihood And Regulation Of Street Vending) Act 20 14 as well as The Delhi Street Vendors (Protection of Livelihood And Regulation Of Street Vending) Rules, 2017 and The Government of National Capital Territory Of Delhi Street Vendors (Protection of Livelihood And Regulation of Street Vending) Scheme, 2019.; and
(ii) Pass such order(s) as this Hon'ble Court may deem and proper in the facts and circumstances of the case.’
2. Issue notice.
3. Mr. Divya Prakash Pande, learned Standing Counsel, accepts notice on behalf of the MCD/ respondent no. 1, Mr. Karan Bhardwaj, learned Additional Standing Counsel accepts notice on behalf of the GNCTD/ respondent no. 2, and Mr. Akshat Choudhary, learned counsel accepts notice on behalf of Mrs. Dimple Bhalla/ respondent no. 3.
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 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. Razi Abbas, has been issued a certificate of vending dated 06.11.2021 (URI: 1609292), 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. Razi Abbas, to continue to vend within South Zone, Ward-S-86, 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. Razi Abbas, the petitioner herein, to vend within South Zone, Ward-S-86, 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, 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. 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 17, 2023 Aanchal Click here to check corrigendum, if any