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#S-15 HIGH COURT OF DELHI
JUDGMENT
JAGDISH PRASAD ….Petitioner
Advocates who appeared in this case:
For the Petitioner : Mr. Brajesh Pandey & Mr. Sunil Jha, Advocates.
For the Respondents: Mr. Nipun Katyal, Advocate for R-1,3.
Ms. Puja Kalra, Standing Counsel for MCD/R-2.
HON’BLE MS. JUSTICE MINI PUSHKARNA
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 view of the above, it is most respectfully prayed that this Hon‟ble Court may be graciously be pleased to: (a) Issue writ of Mandamus or any other appropriate writ or order directing the Respondent No.2 and 3 not to dispossess or obstruct or disturb the Petitioner in carrying of his small food stall in Shahdara South Zone, Ward-21E at Footpath, Near Budh Bazar, Kashyap Mohalla, Gandhi Nagar, Delhi in terms of section 3(3) of the street vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 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 (b) Pass any other order or directions in favour of the petitioner which this Hon'ble Court may deem fit and proper, keeping in view overall facts and circumstances and also in the interest of justice.”
2. Issue notice.
3. Mr. Nipun Katyal, learned counsel accepts notice on behalf of the respondent Nos. 1 and 3. Ms. Puja Kalra, learned Standing Counsel accepts notice on behalf of the respondent No. 2/MCD.
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 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 08.11.2021, 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. Jagdish Prasad has been issued a certificate of vending dated 08.11.2021, URI: 2828986, 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. Jagdish Prasad to continue to vend within Shahdara South Zone, Ward-21 E, 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. Jagdish Prasad, to vend within Shahdara South Zone, Ward-21 E, subject to the terms and conditions of the said certificate of vending dated 08.11.2021, 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. 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)
MINI PUSHKARNA (JUDGE) JUNE 01, 2023 Aanchal Click here to check corrigendum, if any