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#S-6 HIGH COURT OF DELHI
JUDGMENT
……Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Sanjay Baniwal and Ms. Manisha Baniwal, Advocates.
For the Respondents : Mr. Anuj Chaturvedi, Standing Counsel for R-1/MCD.
Mr. Laksh Khanna, APP for R-2 & R-3.
HON’BLE MR. JUSTICE GAURANG KANTH
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 above mentioned facts and circumstances, it is most respectfully prayed that this Hon'ble Court may be pleased to:
I. Pass an order directing the respondents not to disturb the petitioners operation of vending/ hawking unit at Central Zone, Ward - S - 58 of the petitioners in reference/ compliance of the Certificates of Vending (COV) issued by the respondents;
II. Pass any such directions or order that this
2. Issue notice.
3. Mr. Anuj Chaturvedi, learned Additional Standing Counsel, accepts notice on behalf of the respondent No. 1/MCD and Mr. Laksh Khanna, learned APP accepts notice on behalf of the respondent Nos. 2 and 3.
4. Learned Standing 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 solitary 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 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 following petitioners have been issued certificates of vending, which are annexed as Annexure P-2, to the present writ petition.
NAME OF THE STREET VENDORS DATE OF ISSUE OF VENDING CERTIFICATE PLACE OF VENDING VENDING CERTIFICATE (URI)
2 Ms. Pushpa 06.11.2021 Central S-58 3038552 Others 3 Mr. Satyender Ram S-58 5782956 Others 4 Mr. Ramesh Yadav S-58 9226704 Others
8. In view of the foregoing, learned counsel appearing on behalf of the petitioners, seeks a solitary relief in the present writ petition, i.e. a direction to the Municipal Corporation of Delhi, to permit the petitioners, to continue to vend within Central Zone, Ward-S-58, strictly and scrupulously in compliance with the terms and conditions of the said certificates of vending and in accordance with law, 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 petitioners, to vend within Central Zone, Ward-S-58, subject to the terms and conditions of the said certificates of vending dated 06.11.2021, without any let or hindrance.
10. Needless to state that the petitioners will be at liberty to articulate the difficulties faced by them, before the appropriate authorities, in accordance with law, in relation to the certificates 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.
13. A copy of this judgment be uploaded on the website of this Court forthwith.
SIDDHARTH MRIDUL (JUDGE)
GAURANG KANTH (JUDGE) JULY 13, 2023 Click here to check corrigendum, if any