Noor Jahan and Anr v. Mcd 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 petitioner, 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 petitioners to peacefully vend in terms of the Certificate of Vending issued to them.

II. Pass an Order directing the respondents to ensure that the petitioners be allowed to peacefully vend on their vending sites i.e., On the Pavement, Near Jama Masjid Gate No. 2, Meena Bazar, City SP Zone, Ward-85-N, Delhi without any hindrance being caused by any public official.

III. Pass an order directing the respondents, their officials, their agents etc. be restrained from harassing the petitioners from peacefully vending at their vending sites.

IV. Pass an order directing the SHO, PS Jama Masjid to ensure that the petitioner street vendors shall be allowed to peacefully vend at their vending sites.

V. Pass an order for quashing and setting aside the terms of certificate of vending printed at the back side of the vending certificate to the extent which is not applicable to a stationary street vendor.

VI. Pass an order directing the TVC, City SP Zone to decide the representation dated 12.09.2023 made by the petitioners for declaring them as a Stationary Street Vendor in terms of the Section 6 of the Act.

VII. 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.'

¶2Issue notice.

¶3Ms. Tajinder Virdi, learned Standing Counsel, accepts notice on behalf of the MCD and Mr. Nipun Katyal, learned counsel accepts notice on behalf of the Delhi Police.

¶4Learned 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 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 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 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 dated 31.01.2022, 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 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 CERTIFICATE

PLACE OF VENDING VENDING CERTIFICATE

(URI) CATEGORY OF THE COV ISSUED

¶1 Noor

31.01.2022 City-SP Zone, Ward-85-N 2452428 Food/ Snack with gas cylinder/ fire

¶2 Aslam Khan

31.01.2022 City-SP Zone, Ward-85-N 6486196 Food/ Snack with gas cylinder/ fire

¶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-85-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 the Certificates of Vending, without any let or hindrance.

¶10Needless to state that, insofar as prayer clause (VI) is concerned, the petitioner will be at liberty to articulate the difficulties faced by him, 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 certificate of vending.

¶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 22, 2023 Aanchal Click here to check corrigendum, if any

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 22.09.2023 NOOR JAHAN AND ANR ..... Petitioners Versus MCD AND ORS .... Respondents Advocates who appeared in this case: For the Petitioners : Mr. Aditya, Mr. Anjani Kumar Mishra & Mr. Bhibhuti Bhushan Mishra, Advocates. For the Respondents : Ms. Tajinder Virdi, Standing Counsel for MCD (through video-conferencing). Mr.Nipun Katyal & Ms. Anam Siddiqui, Advocates for Delhi Police. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE ANISH DAYAL