Mahavir and Ors v. Municipal Corporation of Delhi and Ors

J U D G M E N T

SIDDHARTH MRIDUL, J. (OPEN COURT)

¶1The 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.1-2 not to disturb the petitioners from vending at

Central Zone, Ward-S-91, South Delhi Municipal Corporation, Delhi-110024.

b) Pass such other or further order(s) as may be deemed fit and proper in facts and circumstances of the present case.

¶2Issue notice.

¶3Ms. Tajinder Virdi, learned Standing Counsel accepts notice on behalf of the respondent no. 1/Municipal Corporation of Delhi (MCD). Mr. Abhinav Garg, learned Panel Counsel/GNCTD accepts notice on behalf of respondent Nos. 2.

¶4Learned standing counsel appearing on behalf of the MCD, has handed-up in the Court today, the terms and conditions, permitting the petitioners to vend.

¶5Let 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."

¶6It 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 CERTIFICATE

PLACE OF VENDING VENDING CERTIFICATE

(URI) CATEGORY OF THE COV ISSUED Mr. Mahavir

06.11.2021 Central Zone, Ward-S-91 3065266 Others Mr. Pankaj Saha

06.11.2021 Central Zone, Ward-S-91 3167953 Others Mr. Nayer Alam

06.11.2021 Central Zone, Ward-S-91 9950596 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-91, 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-91, 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, in accordance with law, in relation to the certificates of vending, insofar as it employs the expression 'Others'.

¶13No further directions are prayed for.

¶14With the above directions, the writ petition is disposed of accordingly. Pending application(s) also stand disposed of.

¶14A copy of this judgment be uploaded on the website of this Court forthwith.

SIDDHARTH MRIDUL, J (JUDGE)

TALWANT SINGH, J (JUDGE)

MAY 26, 2023/mr

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#$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered on: 26.05.2023 + W.P.(C) 7446/2023, CM APPL. 28941/2023 (Ad Interim Ex- Parte Stay) & 28942/2023 (Exemption) MAHAVIR AND ORS. ..... Petitioners versus MUNICIPAL CORPORATION OF DELHI AND ORS ..... Respondents Advocates who appeared in this case: For the Petitioners : Ms. Meenakshi Joshi, Advocate. For the Respondents : Ms. Tajinder Virdi, Standing Counsel with Ms. Sakshi Tiwari, Advocate for R-1/MCD. Mr. Abhinav Garg, Panel Counsel/GNCTD with Mr. Mihir Gujjewar and Mr. Arjun Nanrang, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE TALWANT SINGH