Full Text
#$~25 HIGH COURT OF DELHI
JUDGMENT
Parte Stay) & 29062/2023 (Exemption)
JAGDISH SAHU AND ORS. ..... Petitioners
Advocates who appeared in this case:
For the Petitioner : Ms. Meenakshi Joshi, Advocate.
For the Respondents : Ms. Tajinder Virdi, Standing Counsel with Ms. Sakshi Tiwari, Advocate for R-1/MCD.
Ms. Avni Singh with Mr. Deepak Chaudhary, Advocates for
R-2.
HON’BLE MR. JUSTICE TALWANT SINGH
1. The present petition has been instituted on behalf of the petitioner under Article 226 of the Constitution of India, 1950, praying as follows: “Issue an appropriate Writ of Mandamus, Order or direction to the Respondents No.1-2 not to disturb the petitioners from vending at Central Zone, Ward-S-91, South Delhi Municipal Corporation, Delhi-
110024. b) Pass such other or further order(s) as may be deemed fit and proper in facts and circumstances of the present case.”
2. Issue notice.
3. Ms. Tajinder Virdi, learned Standing Counsel accepts notice on behalf of the respondent no. 1/Municipal Corporation of Delhi (MCD) and Ms. Avni Singh, learned counsel appearing on behalf of respondent No. 2 accepts notice.
4. Learned Standing Counsel appearing on behalf of the MCD, has handed-up in the Court today, the terms and conditions, permitting the petitioner to vend.
5. Let the same be taken on the record. For the sake of completeness, the said terms and conditions attached to the Certificate of Vending are reproduced herein below:-
6. 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 petitioner has been issued certificate of vending, which are annexed as Annexure A-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 ISSUED 1 Mr. Jagdish Sahu 06.11.2021 Central Zone, Ward- S-91 7365577 Food/ Snack without gas cylinder/ fire
2. Mr. Pawan Das 06.11.2021 Central Zone, 3796779 Food/ Snack
3. Mr.Jitender Kumar 06.11.2021 Central Zone, 6522695 Food/ Snack
10. 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 petitioner to continue to vend within Central Zone, Ward- S-91, strictly and scrupulously in compliance with the terms and conditions of the said certificates of vending and in accordance with law.
11. 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-91, subject to the terms and conditions of the said certificates of vending dated 06.11.2021, without any let or hindrance.
12. No further directions are prayed for.
13. With the above directions, the writ petition is disposed of accordingly. Pending application(s) also stand disposed of.
14. A copy of this judgment be uploaded on the website of this Court forthwith.
SIDDHARTH MRIDUL, J (JUDGE) TALWANT SINGH, J (JUDGE) MAY 26, 2023 Click here to check corrigendum, if any