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#S-60 HIGH COURT OF DELHI
JUDGMENT
KANTA DEVI ..... Petitioner
Advocates who appeared in this case:
For the Petitioner : Mr. Alok Sharma, Advocate.
For the Respondents : Ms. Puja Kalra, Standing Counsel along with Mr. Virendra Singh, Advocate 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:- “It is most respectfully prayed that a writ of mandamus or any other appropriate writ may kindly be issued thereby directing the respondents not to interfere in the running of her business or cause any disturbance in the functioning of her food stall from the vending site at Opposite Happy School (co), near SDM Office, Daryaganj, in Central Zone, Ward S-55, as shown in the site plan attached. Any other or further relief which the hon’ble court may deem fit and proper in the circumstances of the case may also be granted.”
2. Issue notice.
3. Ms. Puja Kalra, learned 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 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. Kanta Devi has been issued a certificate of vending dated 07.11.2021, URI: 5335873, which is annexed as „Annexure –C’, to the present writ petition.
8. In view of the foregoing, learned counsel appearing on behalf of the petitioner, seeks a solitary relief in the present writ petition, i.e. a direction to the Municipal Corporation of Delhi, to permit Ms. Kanta Devi 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. Kanta Devi 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