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#S-49 HIGH COURT OF DELHI
JUDGMENT
RAJ KUMARI ....Petitioner
…..Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Kamlesh Kr. Mishra, Mr. Aditya, Mr. Bibhuti Bhushan Mishra, Mr. Kailash Kr. Jha and Mr. Anjani Mishra, Advocates.
For the Respondents : Mr. Gaganmeet Singh Sachdeva, ASC along with Mr. Abhay Pratap Singh and Mr. Akshay Pratap Singh, Advocates for R-1/MCD.
Ms. Nitika Bhutani, Advocate for R-2 & R-3/GNCTD.
HON’BLE MR. JUSTICE TALWANT SINGH
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 the facts and circumstances stated herein above, it is Most Respectfully prayed that this Hon'ble Court may graciously be pleased to:
1. Pass an Order directing the respondents to ensure that that the petitioner is allowed to peacefully vend on her vending site l.e., On the footpath, opp, Shershah Gate, adjacent to Purana Qila Wall, Mathura Road, Delhi, Central Zone, Ward- S-55, Delhi without any hindrance being caused by any public official.
II. Pass an order directing the respondents, their officials, their agents etc. be restrained from harassing the petitioners from peacefully vending at their vending sites.
III. Pass an order directing the SHO, PS to ensure that the petitioner street vendor shall not be forcefully removed from his vending site.
IV. Pass an order for quashing and setting aside the terms of certificate of vending printed at the back side of the vending certificate to the extent which is not applicable to a stationary street vendor.
V. Pass any such directions or order that this
2. Issue notice.
3. Mr. Gaganmeet Singh Sachdeva, learned Additional Standing Counsel accepts notice on behalf of the respondent No. 1/MCD and Ms. Nitika Bhutani, learned counsel accepts notice on behalf of the respondent Nos. 2 and 3/GNCTD.
4. Learned Additional 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 she 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 she does not pray for the relief of running her business from any particular vending site, within the zone where she 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, Ms. Raj Kumari has been issued a certificate of vending dated 07.11.2021, URI: 8815735, which is annexed as Annexure P-3, 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 Ms. Raj Kumari 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 Ms. Raj Kumari 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.
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 30, 2023 Click here to check corrigendum, if any