Om Prakash & Ors v. Municipal Corporation of Delhi & Ors

J U D G M E N T

SIDDHARTH MRIDUL, J. (OPEN COURT)

CM APPL. 23519/2023 (Exemption)

¶1Exemption granted, subject to all just exceptions.

¶2The application is disposed of accordingly.

¶1At the outset, learned counsel appearing on behalf of the petitioners seeks leave to delete Central Public Works Department/respondent no. 2 from the array of parties on the ground that no relief is prayed for in the present writ petition against the said respondent.

¶2Leave and liberty granted.

¶3Let amended memo of parties be filed.

¶4The present petition has been instituted on behalf of the petitioners under Article 226 of the Constitution of India, 1950, praying as follows: "A) Issue an appropriate Writ of Mandamus, Order or direction to the Respondents No.l-3 not to disturb/dislocate the petitioners from vending in the area Opposite Mechanic Market, Near Hanuman Mandir, Sewa Nagar, Delhi - 110003 till the allotment of permanent vending site to the Petitioners.

B) Pass any such order/further orders as this Hon'ble Court may deem fit and proper."

¶5Issue notice.

¶6Mr. Dhanesh Relan, learned counsel accepts notice on behalf of the respondent no. 1/Municipal Corporation of Delhi (MCD) and Ms. Urvi Mohan, learned counsel accepts notice on behalf of respondent

no.3.

¶7Learned counsel appearing on behalf of the MCD, has handed-up in the Court today, the terms and conditions, permitting the petitioners to vend.

¶8Let the same be taken on the record. For 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."

¶9It 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 A-1, to the present writ petition. S.NO. NAME OF THE STREET VENDORS DATE OF ISSUE OF VENDING PLACE OF VENDING VENDING CERTIFICATE

(URI) CATEGORY OF THE COV ISSUED

CERTIFICATE

Mr. Om Prakash

06.11.2021 Central Zone, Ward-S-58 3797590 Others Mr. Mohammad Jhunnu

06.11.2021 Central Zone, Ward-S-58 1316406 Others Ms. Meena

06.11.2021 Central Zone, Ward-S-58 1463401 Others Ms. Bajrangi Davi

06.11.2021 Central Zone, Ward-S-58 6774522 Others Mr. Guddu Verma

06.11.2021 Central Zone, Ward-S-58 8955649 Others Mr. R Murgesan

06.11.2021 Central Zone, Ward-S-58 5488733 Others

¶10In 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 petitioners to continue to vend within Central Zone, Ward-S-58, strictly and scrupulously in compliance with the terms and conditions of the said certificates of vending and in accordance with law.

¶11In view of the above, the present writ petition is allowed; and the Municipal Corporation of Delhi is directed to permit the petitioners to vend within Central Zone, Ward-S-58, subject to the terms and

conditions of the said certificates of vending dated 06.11.2021, without any let or hindrance.

¶12Needless to state that the petitioners falling within the category of 'Others' will be at liberty to articulate any difficulties faced by them, before the appropriate authorities, insofar as it employs the expression 'Others'.

¶13No further directions are prayed for.

¶14With the above directions, the writ petition is disposed of accordingly.

¶15A copy of this judgment be uploaded on the website of this Court forthwith.

SIDDHARTH MRIDUL, J (JUDGE)

TALWANT SINGH, J (JUDGE)

MAY 09, 2023/pa

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#S-30 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered on: 09.05.2023 + W.P.(C) 6001/2023 & CM APPL. 23518/2023 (Ad-Interim Ex- Parte Stay) OM PRAKASH & ORS. ..... Petitioners versus MUNICIPAL CORPORATION OF DELHI & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioners : Mr. Awijit Paliwal, Advocate. For the Respondents : Mr. Dhanesh Relan, Mr. Arindam Dey and Mr. Saubhagya S., Advocates for R-1/MCD. Ms. Urvi Mohan, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE TALWANT SINGH