Pawan Kumar and Ors v. Municipal Corporation of Delhi Through Its Commissioner Dr Sp Mukherjee and Ors

J U D G M E N T

SIDDHARTH MRIDUL, J. (OPEN COURT)

¶1The present writ petition under Article 226 of the Constitution of India, has been instituted on behalf of the petitioners, praying as follows:-

'It is most respectfully prayed that this Hon'ble Court may be pleased to:

a) Issue an appropriate Writ of mandamus or any other appropriate writ, order or directions thereby directing the respondents to ensure that the petitioners Street Vendors be allowed to peacefully vend in terms of the vending certificate issued to them, on their vending sites i.e., in Old Lajpat Rai Market, City-SP Zone, Ward-84-N, More Sarai Road and Deewan Hall Road, Delhi-110006 without any hindrance being caused by any public official;

b) Issue an appropriate Writ of mandamus or any other appropriate writ, order or directions thereby directing the SHO, PS Kotwali to ensure that the street vendors of the petitioner association shall not be forcefully removed from their vending site;

c) Issue an appropriate Writ of mandamus or any other appropriate writ, order or directions thereby directing the respondents, their officials, their agents etc. be restrained from harassing the petitioners from peacefully vending at their vending sites even in the future;

d) 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 petitioners in the category of the vendors in the instant case;

e) Pass such other or further order(s) as this Hon'ble Court deems fit under the facts and circumstances of the case.'

¶2Issue notice.

¶3Ms. Shweta Priya, learned counsel, accepts notice on behalf of the respondent No. 1/MCD and Mr. Laksh Khanna, learned APP accepts notice on behalf of the respondent No.2 & 3/Delhi Police.

¶4Learned counsel appearing on behalf of the MCD, has handed-up in the Court today, the terms and conditions, permitting the petitioners to vend.

¶5Let the same be taken on the record. For the sake of completeness, the said terms and conditions attached to the Certificates of Vending, are reproduced herein below:- "1. Vendor shall not have any other permanent

or long-term vending certificate.

¶2Vending certificate is non-transferable.

¶3It is mandatory for the vendor to follow the

vending period and zone as determined by

TVC or local body.

¶4Vendor shall not give his vending

certificate on rent in any way.

¶5Vendor shall not have any infectious

disease.

¶6Vendor shall have to take care of hygiene

on vending place/zone and nearby area

and also take care of public health.

¶7Vendor shall display copy of vending

certificate on his place/vending site and

will produce original documents to

TVC/concerned inspector whenever

required.

¶8Vendor/Squatter shall insure that no

hindrance be caused to pedestrian and

vehicular moment.

¶9Vendor shall not vend/sell any harmful,

dangerous and polluted items. It

should also be ensured that the

quality of the products sold and

services provided to the public conform to

the prescribed standards of public

health, hygienic conditions and

safety.

¶10The street vendor shall not do any

unauthorized/illegal activity.

¶11Mobile vendors shall not stay or vend more

than 30 minutes or time prescribed by the

TVC at place in a vending/squatting zone.

¶12Vendors will not block footpaths and will

not vend on roads. Vendor should take care

of space in front of vending stalls/counters

on footpath for pedestrians.

¶13Vending certificate can be cancelled or

suspended on the basis of violations.

¶14Vendor shall not build or construct any

kind of permanent or temporary structure

at vending site.

¶15Seller shall adopt health and hygiene

conditions as required by local laws and

court orders.

¶16Vendor have to follow all the conditions

mentioned in Delhi Street Vendors

(Protection of Livelihood and

Regulation of Street Vending) Scheme,

2019."

¶6It 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 MCD zones; pursuant to which, the following petitioners have been issued certificates of vending, which are annexed as Annexure P-4, to the present writ petition. S.NO. NAME OF THE STREET VENDORS DATE OF ISSUE OF VENDING CERTIFICATE

PLACE OF VENDING VENDING CERTIFICATE

(URI) CATEGORY OF THE COV ISSUED Mr. Pawan Kumar

07.11.2021 City-SP Zone, Ward-84-N 2007421 Food/Snack with gas cylinder/fire Mohd Mahaji Bullah

07.11.2021 City-SP Zone, Ward-84-N 3099338 Food/Snack with gas cylinder/fire Jay Ram Chaudhary

07.11.2021 City-SP Zone, Ward-84-N 4787398 Food/Snack with gas cylinder/fire Damodar

07.11.2021 City-SP Zone, Ward-84-N 3271200 Food/Snack with gas cylinder/fire Mainuddin

07.11.2021 City-SP Zone, Ward-84-N 2963422 Food/Snack with gas cylinder/fire Mohd Ramzani

07.11.2021 City-SP Zone, Ward-84-N 2695657 Food/Snack with gas cylinder/fire Dhanraj

07.11.2021 City-SP Zone, Ward-84-N 1452667 Food/Snack with gas cylinder/fire

¶7In 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 the above-mentioned street vendors to continue to vend within City-SP Zone, Ward-84-N, strictly and scrupulously in compliance with the terms and conditions of the said certificate of vending and in accordance with law.

¶8In view of the above, 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 City-SP Zone, Ward-84-N, subject to the terms and conditions of the said certificates of vending dated 07.11.2021, without any let or hindrance.

¶9No further directions are prayed for.

¶10With the above directions, the writ petition is disposed of accordingly. The pending applications also stand disposed of.

¶11A copy of this judgment be uploaded on the website of this Court forthwith.

SIDDHARTH MRIDUL

(JUDGE)

GAURANG KANTH (JUDGE) MAY 25, 2023 Aanchal

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#S-37 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 25.05.2023 W.P.(C) 7268/2023, CM APPL. 28274/2023 (Exemption) & CM APPL. 28275/2023 (Exemption) PAWAN KUMAR AND ORS ..... Petitioners Versus MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMISSIONER DR SP MUKHERJEE AND ORS. ….Respondents Advocates who appeared in this case: For the Petitioners : Mr. Prakash Kumar Singh, Ms. Pooja Singh and Ms. Neema, Advocates. For the Respondents : Ms. Shweta Priya, Advocate for R-1/MCD. Mr. Laksh Khanna, APP for R-2 & 3. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE GAURANG KANTH