Ajit Kumar and Others v. Govt. of NCT of Delhi 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, 1950, has been instituted on behalf of the petitioners, praying as follows:-

"(a) Pass an order directing the respondents to ensure that the petitioner"s Street Vendors be allowed to peacefully

vend at their respective vending site i.e., at Link Road, Lal Quila, Red Fort Delhi, City-SP Zone, Ward -84-N, Delhi without any obstruction being caused by the respondent corporation and Delhi Police.

(b) Pass an order directing the respondent corporation to allow the petitioners who have requisite Certificate of Vending at Annexure P-2 (colly) at pp. 100-151. In accordance with the Street Vendors Act, 2014 at Annexure P-10 at pp. 308-332, Protection of Livelihood and Regulation of street vending Rules 2017, at Annexure P-9 at pp. 289-307 and The Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme 2019 at Annexure P-10 at pp. 308-332.

(c) Pass an order directing the respondent corporation to not solicit any additional amount and to not harass any street vendor who has been duly licensed to vend at the aforesaid site."

¶2Issue notice.

¶3Ms. Shweta Priya, learned counsel accepts notice on behalf of the respondent No. 2/ Municipal Corporation of Delhi (MCD).

¶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 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 Certificates of Vending issued to the petitioners, it is clearly stipulated that they cannot vend from any particular location, contrary to the express terms of Clause no. '11', of the said Certificates 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 Certificates of Vending issued by the Municipal Corporation of Delhi to Petitioners.

¶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-2, to the present writ petition.

S. NO. NAME OF THE STREET VENDORS DATE OF ISSUE OF VENDING CERTIFICATE

PLACE OF VENDING VENDING CERTIFICAT E (URI) CATEGO RY OF THE COV ISSUED Ajeet Kumar

07.11.2021 City-SP Zone, Ward-84-N 7266324 Others Mohd Alam

07.11.2022 City-SP Zone, Ward-84-N 2722825 Others Raj Kumar Gupta

07.11.2021 City-SP Zone, Ward-84-N 2821659 Others Sharif

07.11.2021 City-SP Zone, Ward-84-N 3157663 Others Mohd Razi

07.11.2021 City-SP Zone, Ward-84-N 6165398 Others Mohammad Khurshid

28.02.2022 City-SP Zone, Ward-84-N 8548284 Others Md. Saheed

03.02.2022 City-SP Zone, Ward-84-N 2362947 Others Arvind Kumar

07.11.2021 City-SP Zone, Ward-84-N 3202348 Others Suresh Prasad Gupta

07.11.2021 City-SP Zone, Ward-84-N 6808781 Others Ramu

07.11.2021 City-SP Zone, Ward-84-N 7265902 Others Ganesh Paswan

07.11.2021 City-SP Zone, Ward-84-N 6207923 Others Mohd Wazir

07.11.2021 City-SP Zone, Ward-84-N 8311601 Others Sharad Chandra Jha

07.11.2021 City-SP Zone, Ward-84-N 2653235 Others

¶14Mohammad Hasim

07.11.2021 City-SP Zone, Ward-84-N 3239259 Others Fareed

07.11.2021 City-SP Zone, Ward-84-N 7237274 Others

Wahid

07.11.2021 City-SP Zone, Ward-84-N 6539163 Others Mohd. Yaseen

07.11.2021 City-SP Zone, Ward-84-N 8068376 Others Rajkumari

07.11.2021 City-SP Zone, Ward-84-N 4156991 Others Amit Kumar

07.11.2021 City-SP Zone, Ward-84-N 1443010 Others Mohammad Nannhe

07.11.2021 City-SP Zone, Ward-84-N 8355144 Others Vinod Kumar

07.11.2021 City-SP Zone, Ward-84-N 1653567 Others Mohammad Naseem

07.11.2021 City-SP Zone, Ward-84-N 1533514 Others Mo Samim

07.11.2021 City-SP Zone, Ward-84-N 8470264 Others Ashish Kumar Saxena

07.11.2021 City-SP Zone, Ward-84-N 4098939 Others Mdsultan

07.11.2021 City-SP Zone, Ward-84-N 2222856 Others Mohammad Tayab Husain

07.11.2021 City-SP Zone, Ward-84-N 7800371 Others Bala

07.11.2021 City-SP Zone, Ward-84-N 5218071 Others Sumit Valecha

07.11.2021 City-SP Zone, Ward-84-N 9161801 Others Dhanpati Singh

07.11.2021 City-SP Zone, Ward-84-N 5771871 Others Poonam

07.11.2021 City-SP Zone, Ward-84-N 7455557 Fresh Fruits/ Vegetables/ Perishables Sunil Kumar

07.11.2021 City-SP Zone, Ward-84-N 1245371 Others Pradeep Kumar

07.11.2021 City-SP Zone, Ward-84-N 1141965 Food/ Snacks without Gas Cylinder/ Fire Munakka

07.11.2021 City-SP Zone, Ward-84-N 9485267 Others Mo Hafij Ansari

28.02.2022 City-SP Zone, Ward-84-N 8516233 Others Mohammad Nesarul

07.11.2021 City-SP Zone, Ward-84-N 5063934 Others Braghunath Gupta

28.02.2022 City-SP Zone, Ward-84-N 8623821 Others Puneeshwar Prasad

07.11.2021 City-SP Zone, Ward-84-N 8197748 Others

Umesh Paswan

07.11.2021 City-SP Zone, Ward-84-N 1905539 Others Munna Kumar

07.11.2021 City-SP Zone, Ward-84-N 7360730 Food/ Snacks without Gas Cylinder/ Fire Ramjee

07.11.2021 City-SP Zone, Ward-84-N 5902792 Others Gulam Hussain

07.11.2021 City-SP Zone, Ward-84-N 1715919 Others Jahangir

07.11.2021 City-SP Zone, Ward-84-N 3812493 Others Yusuf

07.11.2021 City-SP Zone, Ward-84-N 5104188 Others Jayant Kumar

07.11.2021 City-SP Zone, Ward-84-N 3895389 Others Md Hafij

31.01.2022 City-SP Zone, Ward-84-N 9214402 Others Mehboob Hassan

07.11.2021 City-SP Zone, Ward-84-N 7270145 Others Mehfooz Ali

07.11.2021 City-SP Zone, Ward-84-N 3565220 Others Mehtab

07.11.2021 City-SP Zone, Ward-84-N 6914584 Others Rizwana Begum

07.11.2021 City-SP Zone, Ward-84-N 7238967 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), if any, also stand disposed of.

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

SIDDHARTH MRIDUL (JUDGE)

GAURANG KANTH (JUDGE)

JULY 11, 2023 MS

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#S-16 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered on: 11.07.2023 + W.P.(C) 8029/2023 AJIT KUMAR AND OTHERS ..... Petitioners Through: versus GOVT. OF NCT OF DELHI AND ORS. ..... Respondents Through: Advocates who appeared in this case: For the Petitioners : Ms. Kawalpreet Kaur and Ms. Sumayya Khatora, Advocates. For the Respondents : Ms. Shweta Priya, Advocate for respondent No. 2/ MCD. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE GAURANG KANTH