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#S-51 HIGH COURT OF DELHI
JUDGMENT
SUNIL CHAUHAN AND ORS. ..... Petitioners
Advocates who appeared in this case:
For the Petitioners : Mr. Sanjay Baniwal, Ms. Manisha Baniwal and Mr. Bhupinder Singh, Advocates.
For the Respondents : Ms. Tajinder Virdi, Standing Counsel with Ms. Kaavini and
Ms. Sakshi Tiwari, Advocates for R-1/MCD.
Mr. Abhinav Singh, Advocate for R-2 & 3.
HON’BLE MR. JUSTICE TALWANT SINGH
Signing Date:02.06.2023 18:14
1. The present writ petition under Article 226 of the Constitution of India, has been instituted on behalf of the petitioners, praying as follows:- “1. Pass an order directing the respondents not to disturb the petitioners operation of vending/ hawking unit at South Zone, Ward - S - 66 of the petitioners in reference/ compliance of the Certificates of Vending (COV) issued by the respondents;
II. Pass any such directions or order that this
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 Mr. Abhinav Singh, learned counsel accepts notice on behalf of the respondent No.2 and 3.
4. Learned Standing 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 Certificates 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 petitioners have been issued certificates of vending, which are annexed as Annexure P-2, 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. Sunil Chauhan 06.11.2021 South Zone, Ward-S-66 2935380 Fresh fruits/ Vegetables/ Perishables
7. 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 South Zone, Ward-S-66, strictly and scrupulously in compliance with the terms and conditions of the said certificates of vending and in accordance with law.
8. 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 South Zone, Ward-S-66, subject to the terms and conditions as specified in their certificates of vending, without any let or hindrance.
9. No further directions are prayed for.
10. With the above directions, the writ petition is disposed of accordingly.
11. A copy of this judgment be uploaded on the website of this Court forthwith.
SIDDHARTH MRIDUL (JUDGE)
TALWANT SINGH (JUDGE) MAY 24, 2023 Click here to check corrigendum, if any