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#S-13 HIGH COURT OF DELHI
JUDGMENT
Advocates who appeared in this case:
For the Petitioners : Mr. Awijit Paliwal, Advocate.
For the Respondents : Ms. Anjali Chauhan, Standing Counsel along with Mr. K. Murali Kumar Reddy, Advocate for R-1/MCD.
Mr. Laksh Khanna, APP for R-2/SHO, Police Station:
Lodhi Colony.
HON’BLE MR. JUSTICE TALWANT SINGH
CM APPL. 28329/2023 (Exemption)
Exemption allowed, subject to all just exceptions.
The application stands disposed of accordingly.
1. The present writ petition under Article 226 of the Constitution of India, has been instituted on behalf of the petitioners, praying as follows:- “It is thus most respectfully prayed that the Hon'ble Court may be pleased to pass the following directions: A) Issue an appropriate Writ of Mandamus, Order or direction to the Respondents No.1-2 to permit the petitioners to continue to vend within Central Zone, Ward 5-58 in accordance with the terms and conditions of their respective Certificate of Vending (B) Pass any such order/further orders as this Hon'ble Court may deem fit and proper.”
2. Issue notice.
3. Ms. Anjali Chauhan, learned 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 No.2/SHO, Police Station: Lodhi Colony
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 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 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-1, to the present writ petition.
NAME OF THE STREET VENDORS DATE OF ISSUE OF VENDING CERTIFICATE PLACE OF VENDING VENDING CERTIFICATE (URI)
CATEGORY OF THE COV
1 Mr. Jaan Mohd. 06.11.2021 Central Zone, Ward- S-58 5644923 Fresh Fruits/Vegetabl es/Perishables 2 Mr. Shakil Qureshi 06.11.2021 Central S-58 7137452 Fresh 3 Mohammad Salman S-58 2053412 Fresh
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.
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. No further directions are prayed for.
11. With the above directions, the writ petition is disposed of accordingly. The pending application also stands disposed of.
12. A copy of this judgment be uploaded on the website of this Court forthwith.
SIDDHARTH MRIDUL (JUDGE)
TALWANT SINGH (JUDGE) MAY 31, 2023 Click here to check corrigendum, if any