Sanjay Kumar & Ors v. Municipal Corporation of Dclhi and Ors

J U D G M E N T

SIDDHARTH MRIDUL, J. (OPEN COURT)

CM APPL. 46247/2023 (Exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of accordingly. W.P.(C) 11838/2023

¶1The present writ petition under Article 226 and Article 227 of the Constitution of India, has been instituted on behalf of the petitioners, praying as follows:- "In the above-mentioned facts and circumstances, it is most respectfully prayed that this Hon'ble Court may be pleased to:

(A) Pass an Order directing the respondents to ensure that the petitioners be allowed to peacefully vend on her vending site, on Cycle Market, Splended Road, City-Sp Zone, Ward-84-N, Chandni Chowk, Delhi 110006, in accordance with the provisions of the Street Vendors (Protection Of Livelihood And Regulation Of Street Vending) Act, 2014, without any hindrance being caused by any public official; &

(B) Pass an order directing the respondents, their officials, their agents etc. be restrained from harassing the petitioners from peacefully vending at their vending sites; &

(C) Pass an order directing the SHO, PS Kotwali, Chandini Chowk to ensure that the petitioners street vendor shall not be forcefully removed from his vending site; &

(D) Award costs of filing this Petition to the Petitioners; &

(E) Pass any such directions or order which this Hon'ble court deems fit and proper in the facts and circumstances of the above mentioned case."

¶2Issue notice.

¶3Mr. Puneet Yadav, learned Additional Standing Counsel, accepts notice on behalf of the respondent No. 1/MCD and Mr. Divyam Nandrajog, learned Panel Counsel, GNCTD, accepts notice on behalf of the respondent Nos. 3, 4 and 5.

¶4Learned Additional Standing Counsel appearing on behalf of the MCD, has invited our attention to the terms and conditions, permitting the petitioners 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 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 vendors can vend from any particular spot, the stipulation of 30 minutes time, contained in the said clause, is binding on the petitioners, at this stage. Learned counsel appearing on behalf of the petitioners states, that they do not pray for the relief of running their business from any particular vending site, within the zones where they have been permitted to vend 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-6, to the present writ petition.

S.NO. NAME OF THE STREET VENDORS DATE OF ISSUE OF VENDING CERTIFICAT E

PLACE OF VENDING VENDING CERTIFIC ATE (URI) CATEGORY OF THE COV ISSUED Mr. Sanjay Kumar

07.11.2021 City-SP Zone, Ward-84-N 4228579 Others Mr. Ashok Dhawan

07.11.2021 City-SP Zone, Ward-84-N 1220864 Others Mr. Prabhat Khanna

07.11.2021 City-SP Zone, Ward-84-N 6393770 Others Mr. Ramji Gupta

07.11.2021 City-SP Zone, Ward-84-N 7303490 Others Mr. Devi Prasad

07.11.2021 City-SP Zone, Ward-84-N 1221454 Others

Mr. Mukhtar Ahmed

07.11.2021 City-SP Zone, Ward-84-N 4268477 Others Mr. R.K. Mishra

07.11.2021 City-SP Zone, Ward-84-N 6137856 Others Mr. Raju

07.11.2021 City-SP Zone, Ward-84-N 3043899 Others Mr. Suraj Sharma

07.11.2021 City-SP Zone, Ward-84-N 4353268 Others Mr. Kishor Thakur

07.11.2021 City-SP Zone, Ward-84-N 7177739 Others Ms. Sunam Devi

07.11.2021 City-SP Zone, Ward-84-N 3832429 Others

¶8In view of the foregoing, learned counsel appearing on behalf of the petitioners, categorically limits the relief in the present writ petition, i.e. to a direction to the Municipal Corporation of Delhi, to permit the aforesaid petitioners 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, 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 the petitioners to vend within City-SP Zone, Ward-84-N, subject to the

terms and conditions of the aforementioned certificates of vending dated

07.11.2021, without any let or hindrance.

¶10Needless to state that the petitioners will be at liberty to articulate the 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.

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

SIDDHARTH MRIDUL

(JUDGE)

ANISH DAYAL

(JUDGE) SEPTEMBER 06, 2023/rs Click here to check corrigendum, if any

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 06.09.2023 W.P.(C) 11838/2023 SANJAY KUMAR & ORS. ..... Petitioners Versus MUNICIPAL CORPORATION OF DCLHI AND ORS. Respondents Advocates who appeared in this case: For the Petitioners : Mr. Mohd. Asif and Mr. Aagam Jain, Advocates. For the Respondents : Mr. Puneet Yadav, ASC for R-1/MCD. Mr. Divyam Nandrajog, Panel Counsel, GNCTD along with Mr. Mayank Kamra, Advocate for R-3, R-4 & R- 5. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE ANISH DAYAL