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#S-64 HIGH COURT OF DELHI
JUDGMENT
PARVESH KUMAR ..... Petitioner
Advocates who appeared in this case:
For the petitioner : Mr. Bhibhuti Bhushan Mishra, Advocate.
For the respondents : Ms Khushboo Nahar, Panel Counsel for MCD.
Mr. Mayank Kamra, Advocate for GNCTD.
HON’BLE MR. JUSTICE ANISH DAYAL
CM APPL. 38062/2023 (seeking direction to the MCD to release the goods of the petitioner)
1. The present application under Section 151 of the Code of Civil Procedure, 1908, has been instituted on behalf of the applicant/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. Pass an order directing the Municipal
Corporation of Delhi to Release the Goods seized by the MCD officials on 21.07.203 in accordance with Section 19 of Street Vendors Act, 2014 and Clause 6.[8] of Street Vendors Scheme, 2019.
II. Pass any such directions or order that this
2. In view of the solitary relief prayed for, by the applicant, in the present application; and having heard learned counsel appearing on behalf of the parties and in view of the clear mandate of the provision of Section 19 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014; Municipal Corporation of Delhi (MCD) is directed to release the subject confiscated goods, within a period of four working days from today, subject to payment of fees, as may be levied, in terms of the extent provision.
3. The application is disposed of accordingly.
1. The present writ petition under Article 226 of the Constitution of India, 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. Pass an Order directing the respondents to allow the petitioner street vendor to peacefully vend in terms of vending Certificate issued by the Municipal Corporation of Delhi after conducting the survey of the petitioner.
II. Pass an order directing the respondents to allow the petitioner street vendor to peacefully vend at his vending site i.e., On open space, Near MCD Parking, under flyover, Delhi-Jaipur National Highway, Rangpuri, New Delhi without any Let or hindrance being caused by any public official.
III. Pass an order directing the respondent no. 2 to decide the representation dated 24.07.2023 sent by the petitioner for declaring him a Stationary Street Vendor by passing a speaking order.
IV. Pass an order directing the respondent Government of
NCT of Delhi to comply and effectuate the provisions of Section 20 of THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014 and make the Dispute Redressal Committee Functional within a stipulated time period.
V. Pass any such directions or order that this Hon'ble
2. Issue notice.
3. Ms. Khushboo Nahar, learned counsel accepts notice on behalf of the MCD and Mr. Mayak Kamra, learned counsel accepts notice on behalf of the GNCTD.
4. Learned 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:- “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.”
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 vendors 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 has been issued certificate of vending, which is annexed as Annexure P-4, to the present writ petition.
8. In view of the foregoing, learned counsel appearing on behalf of the petitioner, limits the relief in the present writ petition, to a direction to the Municipal Corporation of Delhi, to permit the petitioner, to continue to vend within Najafgarh Zone, Ward S-50, 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 allowed; and the Municipal Corporation of Delhi is directed to permit the petitioner, to vend within Najafgarh Zone, Ward S-50, subject to the terms and conditions of the said certificate of vending dated 06.11.2021, without any let or hindrance.
10. No further directions are prayed for.
11. With the above directions, the writ petition is disposed of accordingly.
12. A copy of this judgment be uploaded on the website of this Court forthwith.
SIDDHARTH MRIDUL (JUDGE)
ANISH DAYAL (JUDGE) AUGUST 01, 2023 Aanchal Click here to check corrigendum, if any