Mohammad Imran Khan and Ors v. Municipal Corporation of Delhi and Ors

JUDGMENT

SIDDHARTH MRIDUL, J. (OPEN COURT)

¶1The present writ petition under Article 226 of the Constitution of India, has been instituted on behalf of the petitioner, praying as follows:- "I. Pass an Order directing the respondents to

ensure that the petitioner Street

Vendors be allowed to peacefully vend in

terms of the vending certificate issued to

them, on their vending sites i.e. Nahar

Patari, Meena Bazar, Jama Masjid, Gate

No. 2, City SP Zone, Ward-85-N

without any hindrance being caused by any

public official.

II. Pass an order directing the SHO, PS

Kotwali to ensure that the petitioners

shall not be forcefully removed from their

vending sites.

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 respondent

MCD to correct the nomenclature in the

column for vending type from others to

stationary street vendor as detailed in the

vending certificate issued to the

petitioners.

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 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.

¶3Mr. Abhinav Sharma, learned Standing Counsel accepts notice on behalf of the respondent No. 1/MCD and Mr. Abhinav Garg, learned Panel Counsel accepts notice on behalf of the respondent Nos. 2 and 3/GNCTD.

¶4Learned Standing Counsel appearing on behalf of the MCD, has handed-up in the Court today, the terms and conditions, permitting the petitioner 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 pursuant to the survey carried out by the concerned Town Vending Committee (TVC), the following petitioners have been issued certificates of vending, which are annexed as Annexure P-2, 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. Mohammad Imran Khan

31.01.2022 City-SP Zone, Ward-85-N 2110827 Others Mr. Bachchan Kumar Mishra

31.01.2022 City-SP Zone, Ward-85-N 9850987 Others Mr. Abdul Aziz

31.01.2022 City-SP Zone, Ward-85-N 9469734 Others Mr. Asgar Ansari

31.01.2022 City-SP Zone, Ward-85-N 6722158 Others Mr. Shahbuddin Khan

31.01.2022 City-SP Zone, Ward-85-N 5094928 Others

Mr. Bachan Babau

31.01.2022 City-SP Zone, Ward-85-N 4298666 Others Mr. Mohammad Kamran Khan

31.01.2022 City-SP Zone, Ward-85-N 7017524 Others Mr. Miya Jalaluddin

31.01.2022 City-SP Zone, Ward-85-N 3421970 Others Mr. Mohammad Irshad

12.04.2022 City-SP Zone, Ward-85-N 6332540 Others Ms. Leelta Ben

31.01.2022 City-SP Zone, Ward-85-N 4642938 Fresh Fruits/ Vegetables/ Perishables Mr. Mohammad Ilyas

31.01.2022 City-SP Zone, Ward-85-N 6506788 Others Mr. Mohammad Jilani

31.01.2022 City-SP Zone, Ward-85-N 8261081 Others Mr. Mohd Mujfer

31.01.2022 City-SP Zone, Ward-85-N 1441850 Others Mr. Umesh Kumar

31.01.2022 City-SP Zone, Ward-85-N 3445628 Others Mr. Mohammad Islam

31.01.2022 City-SP Zone, Ward-85-N 7459068 Others Mohd. Ahshan

31.01.2022 City-SP Zone, Ward-85-N 2872747 Others Mr. Kasim Beg

31.01.2022 City-SP Zone, Ward-85-N 5408590 Others Mr. Azaz Aham

31.01.2022 City-SP Zone, Ward-85-N 2593848 Others Mr. Kamre Alam

31.01.2022 City-SP Zone, Ward-85-N 2066149 Others

Mr. Mohd. Adil

12.04.2022 City-SP Zone, Ward-85-N 6667633 Others

¶7In view of the subsequent developments, 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.

¶8In view of the foregoing, 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 their certificates of vending, without any let or hindrance.

¶9Needless 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".

¶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.

SIDDHARTH MRIDUL (JUDGE)

TALWANT SINGH (JUDGE) MAY 03, 2023/rs

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#S-1 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 03.05.2023 W.P.(C) 5496/2023 & CM APPL. 21511/2023 (for interim relief) MOHAMMAD IMRAN KHAN AND ORS versus MUNICIPAL CORPORATION OF DELHI AND ORS Advocates who appeared in this case: For the Petitioners : Ms. Shivalika, Mr. Kailash Kr. Jha, Mr. Kamlesh Kr. Mishra, Mr. Aditya, Mr. Anjani Kr. Mishra and Mr. Bibhuti Bhushan Mishra, Advocates. For the Respondents : Mr. Abhinav Sharma, Standing Counsel along with Mr. Mahender Shukla, Advocate for R-1/MCD. Mr. Abhinav Garg, Panel Counsel for GNCTD/R-2 & R-3. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE TALWANT SINGH