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$-2 HIGH COURT OF DELHI
W.P.(C)247/2016
ASHOKKUMARMAHTO .....Petitioner
Through: Mr.Satish KumarTripathi,Adv.
Through: Mr.Roshan Lai Goel,Adv. A CORAM:
^ HON'BLEMR.JUSTICEA.K.PATHAK
22.02.2016 ^ Petitioner hasallegedthatheisasquatter/vendor atfootpathnearthe
HouseNo.C-25,GreenParkExt.,SouthDelhi,NewDelhi.Petitioneralleges that Town Vending Committee under the Street Vendors (Protection of
Livelihood and Regulation of Street Vending) Act, 2014 (for short, 'the
, Act')has yet not been constituted, but respondents are making efforts to remove the petitioner from his hawking site. It is contended that under
Section 3(3) ofthe Act, protection is granted to the street vendors from eviction, till survey is done and they are relocated. It is prayed that respondents be restrained from removing the petitioner from his hawking site.
It may be noted that various factual aspects have to be considered in such like matters. WTietiier petitioner is squatting at the place, which he
2016:DHC:9268 alleges to have been squatting is one of the important factors to be considered. Whetherthe said vending activity causes any obstructioninthe free movementsonthe streets/pavements bythe pedestrians and/orvehicles; is anotherfactorto be considered. Security perspective has also to be kept in mind. Allthese questions can be ascertained bythe concerned authority underthe Actand notinthe writpetition.
Section 3 ofthe Actreads as under ^(1) The Town Vending Committee shall, within such
^ period and in such manner as may be specified in the scheme, conduct a survey of all existing street vendors, withinthe area underitsjurisdiction,and subsequentsurvey shall be carried outatleastoncein everyfive years.
ORDER
(2) The Town Vending Committee shall ensure that all existing street vendors, identified in the survey, are accommodated in the vending zones subject to a norm /1 conformingtotwo and halfpercent,ofthepopulationofthe ward or zone or town or city, as the case may be, in accordance with the plan for street vending and the holding capacity ofthe vending zones. (3) No street vendor shall be evicted or, as the case may be,relocated till the survey specified under sub-section(1) has been completed and the certificate ofvending is issued to all street vendors." Respondents are expected to abide by the laws ofthe land and no directions in this regard are necessary, inasmuch as, counsels for the respondents submitthatno such action,in contravention ofSection 3(3)of the Act,is being taken. It may further be noted that a Division Bench ofthis Court vide order dated 20^^ August, 2014 passed in W.P.(C) 4303/2014 tilted National Association of Street Vendors of India vs. South Delhi Municipal Corporation and Ors.has observed thus:- ^ "Furthermore, insofar as street vending is concerned, the subject matter is entirely covered by the Street Vendors Act,
2014. The rights and obligations of street vendors, requirements of cleanliness and public hygiene as well as the formation of the Town Vending Committees have been 5^- specified in the said Street Vendors Act, 2014. Chapter 8 of the said Act also provides for the prevention ofharassment of street vendors. Section 3 of the said Act provides for the conduct ofa survey and Section 3(3)thereofstipulates that no street vendor shall be evicted till the survey has been completed. It is an admitted position that the survey has not yet been completed. Therefore,the provisions ofSection 3(3) of the Street Vendors Act, 2014 shall be applicable and no street vendor can be evicted. Section 33 ofthe Street Vendors iLJ Act,2014also givesitoverriding effectover otherlaws." Accordingly, no further orders are required to be passed in this writ petition and the same is disposed ofwith the above observations. 0^^ »ATHAK,J.