Nathu Lal Yadav and Ors v. Municipal Corporation of Delhi Through Its Commissioner Dr Sp Mukherjee

J U D G M E N T

SIDDHARTH MRIDUL, J. (OPEN COURT) CM APPL. 30060/2023 (Exemption) & CM APPL. 30061/2023 (Exemption)

¶1Exemptions granted, subject to all just exceptions.

¶2The application is disposed of accordingly

W.P.(C) 7785/2023

¶1The present writ petition under Article 226 of the Constitution of India, 1950, 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) Issue an appropriate Writ of mandamus or any other appropriate writ, order or directions thereby 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; e) 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; f) 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/Municipal Corporation of Delhi (MCD) and Mr. Laksh

Khanna, learned APP accepts notice on behalf of the respondent Nos. 2 and 3.

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

¶5Let 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:- "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."

¶6In terms of the Certificate of Vending issued to the petitioner, it is clearly stipulated that she cannot vend from any particular location, contrary to the express terms of Clause no. '11', of the said Certificate of Vending. It is further observed that since the Town Vending Committee

(TVC) is yet to fix a time limit, providing for a period, during which a vendor can vend from any particular spot, the stipulation of 30 minutes time, contained in the said clause, is binding on the petitioner, at this stage. Learned counsel appearing on behalf of the petitioners states, that he does not pray for the relief of running their business from any particular vending site, within the zone where they have been permitted to vend by the Municipal Corporation of Delhi, and further, the solitary relief that is prayed for, is to permit the petitioners to vend strictly, in

accordance with the terms and conditions of the Certificate of Vending dated 07.11.2021, issued by the Municipal Corporation of Delhi.

¶7It 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 Nathu Lal Yadav

07.11.2021 City-SP Zone, Ward-84-N 4135463 Others Mohd Naushad

07.11.2022 City-SP Zone, Ward-84-N 5427813 Others Mohammad Saeem

07.11.2021 City-SP Zone, Ward-84-N 1267964 Others Riyaz

07.11.2021 City-SP Zone, Ward-84-N 7104833 Others Mohd Iqbal

28.02.2021 City-SP Zone, Ward-84-N 8903994 Others Mohd Noor Alam

07.11.2021 City-SP Zone, Ward-84-N 2655819 Others Mohd Mustafa

07.11.2021 City-SP Zone, Ward-84-N 9070172 Others Gaffar

07.11.2021 City-SP Zone, 3007472 Others

Ward-84-N Arvind Kumar Yadav

07.11.2021 City-SP Zone, Ward-84-N 9651169 Others Shakil Ahmad

07.11.2021 City-SP Zone, Ward-84-N 5384859 Others Mohd Moti

07.11.2021 City-SP Zone, Ward-84-N 3144668 Others Mohd Aftab Alam

07.11.2021 City-SP Zone, Ward-84-N 5179574 Others Mohd Amanullah

07.11.2021 City-SP Zone, Ward-84-N 3049378 Others

¶14Chan Mohammad

07.11.2021 City-SP Zone, Ward-84-N 3367391 Others Nur Mohammed

07.11.2021 City-SP Zone, Ward-84-N 3681541 Others Mohd. Rashid Alam

07.11.2021 City-SP Zone, Ward-84-N 6888421 Others Mangendra Kumar Paswan

07.11.2021 City-SP Zone, Ward-84-N 1914563 Others Mohd. Barik

07.11.2021 City-SP Zone, Ward-84-N 9631589 Others

¶8In view of the foregoing, 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-84-N, strictly and scrupulously in compliance with the terms and conditions of the said certificates of vending.

¶9In 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 their respective zones, subject

to the terms and conditions as specified in their certificates of vending, without any let or hindrance.

¶10Needless 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'.

¶11No further directions are prayed for.

¶12With the above directions, the writ petition is disposed of accordingly. The pending application(s) also stand disposed of.

¶13A copy of this judgment be uploaded on the website of this Court, forthwith.

SIDDHARTH MRIDUL (JUDGE)

TALWANT SINGH (JUDGE)

MAY 30, 2023/nk

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#S-69 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered on: 30.05.2023 + W.P.(C) 7785/2023, CM APPL. 30060/2023 (Exemption) & CM APPL. 30061/2023 (Exemption) NATHU LAL YADAV AND ORS ..... Petitioners versus MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMISSIONER DR SP MUKHERJEE ..... Respondent Advocates who appeared in this case: For the Petitioners : Mr. Prakash Kr. 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 TALWANT SINGH