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#S-16 HIGH COURT OF DELHI
JUDGMENT
AJIT KUMAR AND OTHERS ..... Petitioners
Through:
Through:
Advocates who appeared in this case:
For the Petitioners : Ms. Kawalpreet Kaur and Ms. Sumayya Khatora, Advocates.
For the Respondents : Ms. Shweta Priya, Advocate for respondent No. 2/ MCD.
HON’BLE MR. JUSTICE GAURANG KANTH
1. The present writ petition under Article 226 of the Constitution of India, 1950, has been instituted on behalf of the petitioners, praying as follows:- “(a) Pass an order directing the respondents to ensure that the petitioner‟s Street Vendors be allowed to peacefully vend at their respective vending site i.e., at Link Road, Lal Quila, Red Fort Delhi, City-SP Zone, Ward -84-N, Delhi without any obstruction being caused by the respondent corporation and Delhi Police. (b) Pass an order directing the respondent corporation to allow the petitioners who have requisite Certificate of Vending at Annexure P- 2 (colly) at pp. 100-151. In accordance with the Street Vendors Act, 2014 at Annexure P- 10 at pp. 308-332, Protection of Livelihood and Regulation of street vending Rules 2017, at Annexure P-9 at pp. 289-307 and The Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme 2019 at Annexure P- 10 at pp. 308-332.
(c) Pass an order directing the respondent corporation to not solicit any additional amount and to not harass any street vendor who has been duly licensed to vend at the aforesaid site.”
2. Issue notice.
3. Ms. Shweta Priya, learned counsel accepts notice on behalf of the respondent No. 2/ Municipal Corporation of Delhi (MCD).
4. Learned Counsel appearing on behalf of the MCD, has handed-up in the Court today, the terms and conditions, permitting the petitioners to vend.
5. Let the same be taken on the record. 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 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 petitioners states, that he does 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 issued by the Municipal Corporation of Delhi to Petitioners.
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.
S. NO.
NAME OF THE STREET VENDORS DATE OF ISSUE OF VENDING CERTIFICATE PLACE OF VENDING VENDING CERTIFICAT E (URI)
CATEGO RY OF THE COV ISSUED
14. Mohammad Hasim 07.11.2021 City-SP Zone, 3239259 Others
25 Mdsultan 07.11.2021 City-SP Zone, 2222856 Others 26 Mohammad Tayab Husain 07.11.2021 City-SP Zone, 7800371 Others 27 Bala 07.11.2021 City-SP Zone, 5218071 Others
31 Sunil Kumar 07.11.2021 City-SP Zone, 1245371 Others 32 Pradeep Kumar 07.11.2021 City-SP Zone, 1141965 Food/ Snacks without Gas Cylinder/ Fire 33 Munakka 07.11.2021 City-SP Zone, 9485267 Others
38 Umesh Paswan 07.11.2021 City-SP Zone, 1905539 Others 39 Munna Kumar 07.11.2021 City-SP Zone, 7360730 Food/ Snacks without Gas Cylinder/ Fire 40 Ramjee 07.11.2021 City-SP Zone, 5902792 Others
8. In view of the foregoing, learned counsel appearing on behalf of the petitioners, limits the relief in the present writ petition, to a direction to the Municipal Corporation of Delhi, to permit the above-mentioned street vendors, to continue to vend within City-SP Zone, Ward- 84-N, strictly and scrupulously in compliance with the terms and conditions of the said certificates of vending.
9. In view of the above, the present writ petition is partly allowed; and the Municipal Corporation of Delhi is directed to permit the abovementioned street vendors, to vend within their respective zones, subject to the terms and conditions as specified in their certificates of vending, without any let or hindrance.
10. Needless to state that the petitioners falling within the category of ‘Others’ will be at liberty to articulate any 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. The pending application(s), if any, also stand disposed of.
13. A copy of this judgment be uploaded on the website of this Court, forthwith.
SIDDHARTH MRIDUL (JUDGE)
GAURANG KANTH (JUDGE) JULY 11, 2023 MS Click here to check corrigendum, if any