Suresh Kumar v. Municipal Corporation Delhi

1. The present writ petition under Article 226 of the Constitution of India and the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, has been instituted on behalf of the petitioner, praying as follows:- “(I) To issue a writ of mandamus or appropriate writ or direction or order directing the respondent not to disturb the petitioner for squatting in front of:- Shop/building No 10-F,, Kamla Nagar, Bada Gol Chakar Ps Roop Nagar,Delhi-7 under Ward No 78-N, Keshav Puram Zone, MCD till Section 21 of street vendors Act,2014 being enforced and vending fees being collected under section 8 of the street vendors Act,2014; (I[1]) To issue a writ of mandamus or appropriate writ or direction or order directing the respondent not to disturb the petitioner for squatting in front of:- Shop/ Building No 10-F, Kamla Nagar,Bada GolChakar, Ps Roop Nagar under Ward No 78-N, Keshav Puram Zone, MCD in term of order dated 10.11.2021 passed in Writ Petition No 12605/2021;

(II) And to pass such other and further order or orders as this Hon’ble court deem fit and proper in the interest of justice.”

2. Issue notice.

3. Ms. Puja Kalra, learned Standing Counsel accepts notice on behalf of the respondent Nos. 1 and 2/MCD and Mr. Divyam Nandrajog, learned Panel Counsel accepts notice on behalf of the respondent NO. 3/GNCTD.

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 NDMC zones; pursuant to which, Mr. Suresh Kumar has been issued a certificate of vending dated 07.11.2021, URI: 2801036, 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, limits the relief in the present writ petition, to a direction to the Municipal Corporation of Delhi, to permit Mr. Suresh Kumar to continue to vend within Keshav Puram, Ward-78-N, 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. Suresh Kumar, to vend within Keshav Puram, Ward-78-N, subject to the terms and conditions of the said certificate of vending dated 07.11.2021, without any let or hindrance.

9. Needless to state that the petitioner will be at liberty to articulate any difficulty faced by him, before the appropriate authorities, in accordance with law, in relation to the certificate of vending, insofar as it employs the expression ‘Others’.