Ajay Kumar v. Municipal Corporation and Others

J U D G M E N T

SIDDHARTH MRIDUL, J. (OPEN COURT)

CM APPL. 48842/2023 (Exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of accordingly.

W.P.(C) 12377/2023

¶1The present writ petition under Article 226 of the Constitution of India, 1950, has been instituted on behalf of the petitioner, praying as follows:- "It is, therefore, most respectfully prayed before this Hon'ble Court that in the given facts and circumstances of this case, it may, in the interest of justice, be pleased to:

A. Pass an Order directing the respondents to ensure that that the petitioner is allowed to peacefully vend in terms of his vending site i.e. south zone ward S-73 New Delhi, without any Let or hindrance being cause by any public official.

B. Pass an order directing the respondents, their officials, their agents etc. be restrained from harassing-dislocating-removing the petitioners from peacefully vending at his vending site.

C. Pass an order directing the SHO P.S. GHITORNI to ensure that the petitioner street vendor shall not be forcefully and illegally be removed from his vending site.

D. Pass an order directing the respondent Government of NCT of Delhi to comply and effectuate the provision of section 20 of the STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATIONS OF STREET VENDING) ACT, 2014, and make the dispute redressal committee functional within the stipulated time period

E. Pass an such order that no street vendor shall be evicted from his vending site till the formation of the vending zone.

F. Pass an such directions or order that this Hon'ble court deems fit and proper in the facts and circumstances of the abovementioned case.

FOR WHICH ACT OF KINDNESS THE PETITIONER SHALL AS IN DUTY BOUND EVERY PRAY."

¶2Issue notice.

¶3Ms. Puja Kalra, learned Standing Counsel, accepts notice on behalf of the respondent No.1/MCD and Mr. Divyam Nandrajog, learned panel counsel accepts notice on behalf of the respondent Nos. 2 and 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. Ajay Kumar, has been issued a certificate of vending dated 06.11.2021 (URI: 9374472), which is annexed as Annexure P-3, 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. Ajay Kumar, to continue to vend within South Zone, Ward-S-73, 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. Ajay Kumar, the petitioner herein, to vend within South Zone, Ward-S-73, subject to the

terms and conditions of the aforementioned certificate of vending dated

06.11.2021, without any let or hindrance.

¶10No further directions are prayed for.

¶11With the above directions, the writ petition is disposed of accordingly. The pending application also stands disposed of.

¶12A copy of this judgment be uploaded on the website of this Court forthwith.

SIDDHARTH MRIDUL

(JUDGE)

ANISH DAYAL

(JUDGE) SEPTEMBER 20, 2023/rs

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IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 20.09.2023 W.P.(C) 12377/2023 & CM APPL. 48841/2023 (Ad-interim stay) AJAY KUMAR ..... Petitioner Versus MUNICIPAL CORPORATION AND OTHERS .... Respondents Advocates who appeared in this case: For the Petitioner : Mr. Abhishek Saxena, Mr. Singh Nishant Sanjay Kumar, Mr. Saurav Dewal, Mr. Vaibhav Patel, Mr. Munish and Mr. Rahul Pratap Singh, Advocates. For the Respondents : Ms. Puja Kalra, Standing Counsel for R-1/MCD. Mr. Divyam Nandrajog, Panel Counsel, GNCTD along with Mr. Jatin Dua, Advocate for R-2 & R-3. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE ANISH DAYAL