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#S-8 HIGH COURT OF DELHI
JUDGMENT
VIJAY GUPTA ….Petitioner
….Respondents
Advocates who appeared in this case:
For the Petitioner : Ms. Shivalika, Mr. Kamlesh Kumar Mishra, Mr. Kailash Kr. Jha, Mr. Anjani Kr. Mishra, Mr. Aditya, Mr. Bibhuti Bhushan Mishra and Mr. Raghunath, Advocates.
For the Respondents: Mr. Rakesh Mittal, Standing Counsel for R-1/MCD.
Mr. Mohit Bhardwaj, Advocate for R-2 & R-3.
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 on his vending site i.e on the footpath, Near Indane Gas Godown, Opposite MCD Park, Ratia Marg, Sangam Vihar, Central Zone, Ward-S-85, Delhi without any hindrance being caused by any public official.
II. Pass an order directing the respondents, their officials, their agents etc. be restrained from harassing the petitioners from peacefully vending at their vending sites.
III. Pass an order directing the SHO, PS Sangam
IV. Pass an order for quashing and setting aside the terms of certificate of vending printed at the back side of the vending certificate to the extent which is not applicable to a stationery street vendor.
V. Pass any such directions or order that this
2. Issue notice.
3. Mr. Rakesh Mittal, learned Standing Counsel accepts notice on behalf of the respondent No. 1/MCD and Mr. Mohit Bhardwaj, learned counsel accepts notice on behalf of the respondent Nos. 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 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. Vijay Gupta has been issued a certificate of vending dated 06.11.2021, URI: 5191714, which is annexed as Annexure P-2, to the present writ petition.
7. In view of the foregoing, learned counsel appearing on behalf of the petitioner, categorically limits the relief in the present writ petition, to a direction to the Municipal Corporation of Delhi, to permit Mr. Vijay Gupta to continue to vend within Central Zone, Ward-S-85, 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. Vijay Gupta, to vend within Central Zone, Ward-S-85, subject to the terms and conditions of the said certificate 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 application also stands disposed of.
11. 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