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#S-34 HIGH COURT OF DELHI
JUDGMENT
25330/2023 (Exemption)
RAM NARESH MAURYA & ANR. ..... Petitioners
Advocates who appeared in this case:
For the Petitioners : Mr. Awijit Paliwal, Advocate.
For the Respondents : Mr. Manoj Kumar Sharma, ASC for R-1/MCD.
Mr. Abhinav Gupta, Advocate for R-2/SHO.
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 petitioners, praying as follows:- “A) Issue an appropriate Writ of Mandamus, Order or direction to the Respondents No.1-2 to permit the petitioners to continue to vend within South Zone, Ward S-87 in accordance with the terms and conditions of their respective Certificate of Vending, without let or hindrance. Pass any such order/further orders as this Hon'ble Court may deem fit and proper.”
2. Issue notice.
3. Mr. Manoj Kumar Sharma, learned Additional Standing Counsel, accepts notice on behalf of the respondent No. 1/MCD and Mr. Abhinav Gupta, learned counsel accepts notice on behalf of the respondent No.2/SHO, P.S.: Kalkaji.
4. Learned Additional 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 NDMC zones; pursuant to which, the following petitioners have been issued certificates 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
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 Mr. Ram Naresh Maurya and Mr. Ram Baksh, to continue to vend within South Zone, Ward-S-87, 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 Mr. Ram Naresh Maurya and Mr. Ram Baksh, to vend within South Zone, Ward-S-87, subject to the terms and conditions of the said certificates 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 applications also stand disposed of.
11. A copy of this judgment be uploaded on the website of this Court forthwith.
SIDDHARTH MRIDUL (JUDGE)
TALWANT SINGH (JUDGE) MAY 16, 2023 Click here to check corrigendum, if any