Mohammad Kamran v. Municipal Corporation of Delhi

1. At the outset, learned counsel appearing on behalf of the petitioner, on instructions from the latter, states that the petitioner’s description in the memo of parties is incorrectly mentioned as Mohammad Kamran Khan. The correct description of the petitioner is Mohammad Kamran, son of Shahabuddin, Resident of C-131 4th/F, Mata Wali Gali No.-9/l, Chauhan Banger Maujpur, Near Shiv Mandir Wali Gali, Maujpur, North East, Delhi-53. Signing Date:02.06.2023 18:14

2. The memo of parties is accordingly corrected and the name of the petitioner be read as Mohammad Kamran instead of Mohammad Kamran Khan, incorrectly stated in the memo of parties.

3. Learned counsel appearing on behalf of petitioner undertakes to file amended memo of parties within two days.

4. The present writ petition under Article 226 of the Constitution of India, 1950 has been instituted on behalf of the petitioner, praying as follows:- “(A) It is therefore, 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 his business or cause any disturbance in the functioning of his food stall from the vending site allotted to him in Parda Bagh Market, Near Petrol Pump, Daryaganj, Delhi-110002 at Central Zone, Ward- S-55, recommended by the town Vending Committee vide letter dated 24/07/2021 and as shown in site plan. Any other or further relief which this hon’ble court may deem fit and proper in the circumstances of the case may also be granted.”

5. Issue notice.

6. Ms. Madhawi Agarwal, learned Counsel accepts notice on behalf of the respondent No. 1/MCD and Mr. Abhinav Garg, learned counsel accepts notice on behalf of the respondent Nos. 2 and 3.

7. Learned Counsel appearing on behalf of the MCD, has handed-up in the Court today, the terms and conditions, permitting the petitioner to vend.

8. 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:-

9. 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, Mohammad Kamran has been issued a certificate of vending dated 07.11.2021, URI: 142039[4], which is annexed as Annexure ‘C’, to the present writ petition.