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#22 HIGH COURT OF DELHI
JUDGMENT
RAJENDRA SAHNI ..... Petitioner
[ Advocates who appeared in this case:
For the Petitioner : Mr. Aditya, Mr. Kamlesh Kumar Mishra, Mr. Kailash Kumar Jha and Mr. Bibhuti Bhushan Mishra, Advocates.
For the Respondents : Mr. Abhay Pratap Singh, Advocate for R-1/MCD.
Mr. Abhinav Garg, Panel Counsel/GNCTD with Mr. Mihir Gujjewar and Mr. Arjun Nanrang, Advocates for R-2 & 3.
HON’BLE MR. JUSTICE TALWANT SINGH
1. The present writ petition under Article 226 of the Constitution of India, 1950, has been instituted on behalf of the petitioner, praying as follows:- “Pass an Order directing the respondents to ensure that that the petitioner is allowed to peacefully vend on his vending site i.e., On the footpath, in front of MCD Park, Mata Mandir Road, New Friends Colony, Central Zone, Ward-S-89, 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 New Friends
IV. Pass an order directing the respondent MCD to correct the nomenclature in the column for vending type from others to stationary street vendor as detailed in the vending certificate issued to the petitioner.
V. 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 stationery street vendor.
VI. Pass any such directions or order that this Hon'ble
2. Issue notice.
3. Mr. Abhay Pratap Singh, learned counsel accepts notice on behalf of the respondent No. 1/MCD. Mr. Abhinav Garg, learned Panel Counsel/GNCTD accepts notice on behalf of respondent Nos. 2 & 3.
4. Learned counsel appearing on behalf of the MCD, has handed-up in the Court today, the terms and conditions, permitting the petitioners 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, Mr. Rajendra Sahni has been issued a certificate of vending dated 06.11.2021, URI: 5384086, which is annexed as Annexure P-3, to the present writ petition.
7. 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. Rajendra Sahni to continue to vend within Central Zone, Ward-S-89, strictly and scrupulously in compliance with the terms and conditions of the said certificate of vending and in accordance with law.
8. In view of the above, the present writ petition is partly allowed; and the Municipal Corporation of Delhi is directed to permit Mr.Rajendra Sahni, to vend within Central Zone, Ward-S-89, subject to the terms and conditions of the said certificate of vending dated 06.11.2021, without any let or hindrance.
9. No further directions are prayed for.
10. With the above directions, the writ petition is disposed of accordingly. The pending application also stands disposed of.
11. A copy of this judgment be uploaded on the website of this Court forthwith.
SIDDHARTH MRIDUL (JUDGE)
TALWANT SINGH (JUDGE) MAY 26, 2023 Click here to check corrigendum, if any