Rehri Patri Ekta Manch Subhash Park and Ors v. Mcd and Ors

J U D G M E N T

SIDDHARTH MRIDUL, J. (OPEN COURT)

CM APPL. 49520/2023 (for deleting the petitioner Nos. 6, 8 and 25 from the array of memo of parties and to put on record the amended memo of parties)

¶1The present application under Section 151 of the Code of Civil Procedure (CPC), 1908, has been instituted on behalf of the applicants/petitioner Nos. 6, 8 and 25, praying as follows:- "In the facts and circumstances stated herein above, it is Most Respectfully prayed that this Hon'ble Court may graciously be pleased to: I. Allow the Petitioner No.6, 8 & 25 to withdraw from the present petition with liberty to avail the appropriate legal remedies. II. Allow the Petitioner No.6, 8 & 25 for deletion from the array of memo of parties in the present writ petition. III. Allow to put on record the amended memo of parties. IV. Pass any such directions or order that this Hon'ble court deems fit and proper in the facts and circumstances of the above-mentioned case. AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY."

¶2Issue notice.

¶3Ms. Puja Kalra, learned Standing Counsel, accepts notice on behalf of the non-applicant/respondent No. 1/MCD and Mr. Sanjay Lao, learned Standing Counsel (Criminal) accepts notice on behalf of the non-applicants/respondent Nos. 3 and 4/SHO and fairly do not oppose the present application.

¶4In view of the foregoing and the reasons stated in the application, which is duly supported by an affidavit, the same is allowed and resultantly,

the names of the petitioner No. 6, namely, Mr. Ateequr Rehman, petitioner No.8, namely, Mr. Saeed Ud Din and petitioner No.25, namely, Mr. Ameenuddin, are deleted from the array of memo of parties, in the accompanying writ petition.

¶5The application is disposed of accordingly.

¶6Let the amended memo of parties be taken on the record forthwith. W.P.(C) 12183/2023

¶7The present writ petition under Article 226 of the Constitution of India, 1950, has been instituted on behalf of the petitioners, praying as follows:- "In the facts and circumstances stated herein above, it is Most Respectfully prayed that this Hon'ble Court may graciously be pleased to:

I. Pass an order directing the respondents to allow the petitioner no. 2 to 25 to peacefully vend in terms of the Certificate of Vending issued to them.

II. Pass an Order directing the respondents to ensure that the petitioner no. 2 to 25 be allowed to peacefully vend on their vending sites i.e. On the Footpath, Neta Ji Subhash Park to Jama Masjid Metro Station Gate No-4, City SP Zone, Ward-85-N without any hindrance being caused by any public official."

¶8Issue notice.

¶9Ms. Puja Kalra, learned Standing Counsel, accepts notice on behalf of

the respondent No. 1/MCD and Mr. Sanjay Lao, learned Standing Counsel (Criminal) accepts notice on behalf of the respondent Nos. 3 and 4/SHO.

¶10Learned Standing Counsel appearing on behalf of the MCD, has invited our attention to the terms and conditions, permitting the petitioners to vend.

¶11For 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."

¶12In 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, and further, the limited 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 dated 31.01.2022 and

12.04.2022, issued by the Municipal Corporation of Delhi.

¶13It 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-3, to the present writ petition. S.NO. NAME OF THE STREET VENDORS DATE OF ISSUE OF VENDING CERTIFICATES PLACE OF VENDING VENDING CERTIFICAT ES (URI) CATEGORY OF THE COV ISSUED

¶2Mr. Mohd Waseem

31.01.2022 City-SP Zone,Ward-85-N 4486502 Others

¶3Mr. Mohd Rafat

31.01.2022 City-SP Zone,Ward-85-N 2546280 Others

¶4Ms. Saima

12.04.2022 City-SP Zone,Ward-85-N 6853694 Others

¶5Mr. Mohd Naeem

31.01.2022 City-SP Zone,Ward-85-N 3574976 Others

¶6Mr. Mohd. Akhlas

12.04.2022 City-SP Zone,Ward-85-N 7211253 Others

¶7Mr. Zainul Abeddin

31.01.2022 City-SP Zone,Ward-85-N 8594832 Others

¶8Mr. Mohammad Abid

31.01.2022 City-SP Zone,Ward-85-N 7733730 Others

¶9Mr. Mohd. Wasit

31.01.2022 City-SP Zone,Ward-85-N 9276319 Others

¶10Mr. Mohammad Muzammil

31.01.2022 City-SP Zone,Ward-85-N 7894410 Others

¶11Mr. Mohd Daud

31.01.2022 City-SP Zone,Ward-85-N 1470789 Others

¶12Mr. Mushtaq Ahmed

12.04.2022 City-SP Zone,Ward-85-N 9305373 Others

¶13Mr. Mohd Sadiq

31.01.2022 City-SP Zone,Ward-85-N 2506656 Others

¶14Mr. Moinuddin

31.01.2022 City-SP Zone,Ward-85-N 1374124 Others

¶15Mr. Mohd Rashid

31.01.2022 City-SP 3545870 Others

Zone,Ward-85-N

¶16Mr. Mohd Anas

31.01.2022 City-SP Zone,Ward-85-N 6942008 Others

¶17Mr. Rizwan Hasan

31.01.2022 City-SP Zone,Ward-85-N 2363745 Others

¶18Mr. Muteem Ahmed

12.04.2022 City-SP Zone,Ward-85-N 8284430 Others

¶19Mr. Muteeq Ahmed

31.01.2022 City-SP Zone,Ward-85-N 2267622 Others

¶20Mr. Kani Ram

31.01.2022 City-SP Zone,Ward-85-N 2602939 Others

¶21Mr. Mohd Yusuf

31.01.2022 City-SP Zone,Ward-85-N 5962784 Others

¶22Mr. Razi Ahmad

31.01.2022 City-SP Zone,Ward-85-N 7709624 Others

¶14In view of the foregoing, learned counsel appearing on behalf of the petitioners, seeks a solitary relief in the present writ petition, i.e. a direction to the Municipal Corporation of Delhi, to permit the above-said petitioners, to continue to vend within City-SP Zone, Ward-85-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.

¶15In view of the above, the present writ petition is allowed; and the

Municipal Corporation of Delhi is directed to permit the above-said petitioners, to vend within City-SP Zone, Ward-85-N, subject to the terms and conditions of the said certificates of vending dated 31.01.2022 and

12.04.2022, without any let or hindrance.

¶16Needless to state that the petitioners will be at liberty to articulate the difficulties faced by them, before the appropriate authorities i.e. Town Vending Committee (TVC), at the time they carry out the subject survey, in accordance with law, in relation to the certificates of vending, insofar as it employs the expression 'Others'.

¶17No further directions are prayed for.

¶18With the above directions, the writ petition is disposed of accordingly.

¶19The date already fixed i.e. 16.10.2023, stands cancelled.

¶20A copy of this judgment be uploaded on the website of this Court forthwith.

SIDDHARTH MRIDUL

(JUDGE)

ANISH DAYAL

(JUDGE) SEPTEMBER 22, 2023/rs

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IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 22.09.2023 W.P.(C) 12183/2023 REHRI PATRI EKTA MANCH SUBHASH PARK AND ORS ..... Petitioners versus MCD AND ORS ..... Respondents Advocates who appeared in this case: For the Petitioners : Mr. Kamlesh Kumar Mishra, Advocate. For the Respondents : Ms. Puja Kalra, Standing Counsel for R-1/MCD. Mr. Sanjay Lao, Standing Counsel (Criminal) for R-3 & R- 4/SHO. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE ANISH DAYAL