Razi Abbas v. Municipal Corporation of Delhi & Anr

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 petitioner, praying as follows:- 'In the circumstances mentioned hereinabove, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:

(i) Issue a Writ of Mandamus or any other appropriate writ or order directing the Respondents to take immediate, suitable and necessary steps to ensure that the rights of the· Petitioner under the Certificate of Vending dated

06.11.2021 are not violated by any person including but not limited to the Respondent No.3 and further pass suitable directions to the Respondents to not dispossess or obstruct or disturb the petitioner in carrying of business of selling clothing garments from a small vending site situated at M-73, Inder Mohan Bhardwaj Marg, M-Block, Greatr Kailash-1 falling under South Zone, Ward-86 in Terms of the Certificate of Stret vending and Section 3(3) of The Street Vendors (Protection Of Livelihood And Regulation Of Street Vending) Act 20 14 as well as The Delhi Street Vendors (Protection of Livelihood And Regulation Of Street Vending) Rules, 2017 and The Government of National Capital Territory Of Delhi Street Vendors (Protection of Livelihood And Regulation of Street Vending) Scheme, 2019.; and

(ii) Pass such order(s) as this Hon'ble Court may deem and proper in the facts and circumstances of the case.'

¶2Issue notice.

¶3Mr. Divya Prakash Pande, learned Standing Counsel, accepts notice on behalf of the MCD/ respondent no. 1, Mr. Karan Bhardwaj, learned Additional Standing Counsel accepts notice on behalf of the

GNCTD/ respondent no. 2, and Mr. Akshat Choudhary, learned counsel accepts notice on behalf of Mrs. Dimple Bhalla/ respondent no. 3.

¶4Learned Standing Counsel appearing on behalf of the MCD, has invited our attention to the terms and conditions, permitting the petitioner to vend.

¶5For 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 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 he 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 petitioner states, that he does not pray for the relief of running his business from any particular vending site, within the zone where he has been permitted to vend by the Municipal Corporation of Delhi, and further, the limited relief that is prayed for, is to permit the petitioner to vend strictly, in accordance with the terms and conditions of the Certificate of Vending dated 06.11.2021, 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 petitioner, namely, Mr. Razi Abbas, has been issued a certificate of vending dated 06.11.2021 (URI: 1609292), which is annexed as Annexure P-1 to the present writ petition.

¶8In view of the foregoing, learned counsel appearing on behalf of the petitioner, categorically limits the relief in the present writ petition, to a direction to the Municipal Corporation of Delhi, to permit Mr. Razi Abbas, to continue to vend within South Zone, Ward-S-86, strictly and scrupulously in compliance with the terms and conditions of the said certificate of vending, particularly Clause no. 11, and in accordance with law.

¶9In view of the above, the present writ petition is partly allowed; and the Municipal Corporation of Delhi is directed to permit Mr. Razi Abbas, the petitioner herein, to vend within South Zone, Ward-S-86, subject to the terms and conditions of the aforementioned certificate of vending dated 06.11.2021, without any let or hindrance.

¶10Needless to state that the petitioner will be at liberty to articulate the difficulties faced by him, before the appropriate authorities, in accordance with law, in relation to the certificate 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. Pending applications also stand disposed of.

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

SIDDHARTH MRIDUL

(JUDGE)

ANISH DAYAL

(JUDGE)

AUGUST 17, 2023 Aanchal Click here to check corrigendum, if any

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 17.08.2023 W.P.(C) 8464/2023, CM APPL. 32248/2023 (Stay) & CM APPL. 38667/2023 (condonation of delay) RAZI ABBAS ..... Petitioner Versus MUNICIPAL CORPORATION OF DELHI & ANR. .... Respondents Advocates who appeared in this case: For the Petitioner : Mr. Shubhankar Sengupta, Advocate. For the Respondents : Mr. Divya Prakash Pande, Standing Counsel for MCD. Mr. Karan Bhardwaj, ASC for GNCTD with Mr. Aayush Gautam & Mr. Rajat Gaba, Advocate for R-2. Mr. Akshat Choudhary & Mr. Aniket Mookerjee, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE ANISH DAYAL