Full Text
#S-1 HIGH COURT OF DELHI
JUDGMENT
MOHAMMAD IMRAN KHAN AND ORS
For the Petitioners : Ms. Shivalika, Mr. Kailash Kr. Jha, Mr. Kamlesh Kr.
Mishra, Mr. Aditya, Mr. Anjani Kr. Mishra and Mr. Bibhuti Bhushan Mishra, Advocates.
For the Respondents : Mr. Abhinav Sharma, Standing Counsel along with Mr. Mahender Shukla, Advocate for R-1/MCD.
Mr. Abhinav Garg, Panel Counsel for GNCTD/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 the petitioner Street Vendors be allowed to peacefully vend in terms of the vending certificate issued to them, on their vending sites i.e. Nahar Patari, Meena Bazar, Jama Masjid, Gate No. 2, City SP Zone, Ward-85-N without any hindrance being caused by any public official.
II. Pass an order directing the SHO, PS
III. Pass an order directing the respondents, their officials, their agents etc. be restrained from harassing the petitioners from peacefully vending at their vending sites.
IV. Pass an order directing the respondent
MCD to correct the nomenclature in the column for vending type from others to stationary street vendor as detailed in the vending certificate issued to the petitioners.
V. 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 stationary street vendor.
VI. Pass any such directions or order that this
2. Issue notice.
3. Mr. Abhinav Sharma, learned Standing Counsel accepts notice on behalf of the respondent No. 1/MCD and Mr. Abhinav Garg, learned Panel Counsel accepts notice on behalf of the respondent Nos. 2 and 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 pursuant to the survey carried out by the concerned Town Vending Committee (TVC), the following petitioners have been issued certificates of vending, which are annexed as Annexure P-2, 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 1 Mr. Mohammad Imran Khan 31.01.2022 City-SP Zone, Ward- 85-N 2110827 Others 2 Mr. Bachchan Kumar Mishra 85-N 9850987 Others
3 Mr. Abdul Aziz 31.01.2022 City-SP 85-N 9469734 Others 4 Mr. Asgar Ansari 31.01.2022 City-SP 85-N 6722158 Others 5 Mr. Shahbuddin Khan 85-N 5094928 Others 6 Mr. Bachan Babau 85-N 4298666 Others 7 Mr. Mohammad Kamran Khan 85-N 7017524 Others 8 Mr. Miya Jalaluddin 85-N 3421970 Others 9 Mr. Mohammad Irshad 12.04.2022 City-SP 85-N 6332540 Others
10 Ms. Leelta Ben 31.01.2022 City-SP 85-N 4642938 Fresh Fruits/ Vegetables/ Perishables 11 Mr. Mohammad Ilyas 85-N 6506788 Others 12 Mr. Mohammad Jilani 85-N 8261081 Others
13 Mr. Mohd Mujfer 31.01.2022 City-SP 85-N 1441850 Others 14 Mr. Umesh Kumar 85-N 3445628 Others 15 Mr. Mohammad Islam 85-N 7459068 Others
7. In view of the subsequent developments, learned counsel appearing on behalf of the petitioners, limits the relief in the present writ petition, to a direction to the Municipal Corporation of Delhi, to permit the above-mentioned street vendors, to continue to vend within City-SP Zone, Ward-85-N, strictly and scrupulously in compliance with the terms and conditions of the said certificates of vending.
8. In view of the foregoing, the present writ petition is partly allowed; and the Municipal Corporation of Delhi is directed to permit the above-mentioned street vendors, to vend within their respective zones, subject to the terms and conditions as specified in their certificates of vending, without any let or hindrance.
9. Needless to state that the petitioners falling within the category of ‘Others’ will be at liberty to articulate any difficulties faced by them, before the appropriate authorities, in accordance with law, in relation to the certificates 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. The pending application also stands disposed of.
12. A copy of this judgment be uploaded on the website of this Court.
SIDDHARTH MRIDUL (JUDGE)
TALWANT SINGH (JUDGE) MAY 03, 2023 Click here to check corrigendum, if any