Full Text
#S-2 HIGH COURT OF DELHI
JUDGMENT
MUNNA PRASAD ….Petitioner
DELHI AND ORS. ….Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Amit Dwivedi, Mr. Gaurav and Mr.Sachin, Advocates.
For the Respondents: Mr. Virendra Singh and Ms. Puja Kalra, Advocates for MCD.
Mr. Abhinav Garg and Mr. Mihir Gujjewar, Advocates for GNCTD.
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 petitioner, praying as follows:- “(a) Protect the Petitioner herein and his two shops (Redies) from Respondent No.3 by issuing a writ, order, or direction of similar nature; (b) Restrain Respondent No.3 from harassing, intimidating and harming the Petitioner and his two shops (Redies) by issuing a writ, order, or direction of similar nature;
(c) Restrain the Respondents from taking any coercive action against the Petitioner because of the institution of the present proceedings by issuing a writ, order, or direction of similar nature;
(d) Direct Respondent No.4 and 2 to initiate appropriate action against Respondent No.3 by issuing a writ, order, or direction of similar nature;”
2. Issue notice.
3. Mr. Virendra Singh, learned Standing Counsel accepts notice on behalf of the MCD and Mr. Abhinav Garg, learned Standing Counsel accepts notice on behalf of the GNCTD.
4. Learned Standing Counsel appearing on behalf of the MCD, has handed over 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 solitary 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 07.11.2021, 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, Mr. Munna Prasad has been issued a certificate of vending dated 07.11.2021, URI: 7493191, which is annexed as Annexure 5, 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. Munna Prasad to continue to vend within Central Zone, Ward-S-55, 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. Munna Prasad to continue to vend within Central Zone, Ward-S-55, subject to the terms and conditions of the said certificate of vending dated 07.11.2021, without any let or hindrance.
10. No further directions are prayed for.
12. With the above directions, the present 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)
GAURANG KANTH (JUDGE) JULY 03, 2023/ kd Click here to check corrigendum, if any