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#S-22 HIGH COURT OF DELHI
JUDGMENT
MOHAMMAD SAGIR …Petitioner
Advocates who appeared in this case:
For the Petitioner : Ms. Shivalika, Mr. Kamlesh Kr. Mishra, Mr. Aditya, Mr. Kailash Kr. Jha, Mr. Bibhuti Bhushan Mishra, Mr. Anjani Mishra and Mr. Raghunath Pathak, Advocates.
For the Respondents : Mr. Abhinav Garg, Panel Counsel for R-1 & R-
3/GNCTD.
Mr. Divya Prakash Pande, Standing Counsel for R-
2/MCD.
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 petitioner, praying as follows:-
“I. Pass an Order directing the respondents to ensure that that the petitioner is allowed to peacefully vend in terms of the vending certificate issued to him, on his vending site i.e., in front of gate no.7, G.B. Pant Hospital, Delhi without any hindrance being caused by any public official.
II. Pass an order directing the SHO, PS I.P. Estate to ensure that the petitioner is not forcefully removed from his vending site by the Amit Kumar, Head Constable and or any other Police official.
III. Pass an order directing to the respondent no. 1 i.e., Commissioner of Police to take action against the erring police officials of the PS I.P. Estate and act on the complaints made by the petitioner herein as detailed in the present petition.
IV. Pass an order directing the respondents to consider the representation made by the petitioner and pass speaking orders disposing off the same after giving personal hearing to the petitioner.
V. Pass any such directions or order that this
2. Issue notice.
3. Mr. Abhinav Garg, learned Panel Counsel accepts notice on behalf of the respondent Nos. 1 and 3/GNCTD and Mr. Divya Prakash Pande, learned Standing Counsel accepts notice on behalf of the respondent NO. 2/MCD.
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. Mohammad Sagir has been issued a certificate of vending dated 07.11.2021, URI: 6099235, which is annexed as Annexure P-11, 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. Mohammad Sagir to continue to vend within City-SP Zone, Ward-88-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. Mohammad Sagir to vend within City-SP Zone, Ward-88-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’.
10. No further directions are prayed for.
11. With the above directions, the writ petition is disposed of accordingly.
12. A copy of this judgment be uploaded on the website of this Court forthwith.
SIDDHARTH MRIDUL (JUDGE)
TALWANT SINGH (JUDGE) MAY 03, 2023 Click here to check corrigendum, if any