Mohd Kamran Khan v. Municipal Corporation of Delhi & Ors

J U D G M E N T SIDDHARTH MRIDUL, J. (OPEN COURT)

¶1At the outset, learned counsel appearing on behalf of the petitioner, on instructions from the latter, states that the petitioner's description in the memo of parties is incorrectly mentioned as Mohammad Kamran Khan. The correct description of the petitioner is Mohammad Kamran, son of Shahabuddin, Resident of C-131 4th/F, Mata Wali Gali No.-9/l, Chauhan Banger Maujpur, Near Shiv Mandir Wali Gali , Maujpur, North East, Delhi-53.

¶2The memo of parties is accordingly corrected and the name of the petitioner be read as Mohammad Kamran instead of Mohammad Kamran Khan, incorrectly stated in the memo of parties.

¶3Learned counsel appearing on behalf of petitioner undertakes to file amended memo of parties within two days.

¶4The present writ petition under Article 226 of the Constitution of India, 1950 has been instituted on behalf of the petitioner, praying as follows:- "(A) It is therefore, most respectfully prayed that a writ of mandamus or any other appropriate writ may kindly be issued thereby directing the respondents not to interfere in the running of his business or cause any disturbance in the functioning of his food stall from the vending site allotted to him in Parda Bagh Market, Near Petrol Pump, Daryaganj, Delhi-110002 at Central Zone, Ward-S-55, recommended by the town Vending Committee vide letter dated 24/07/2021 and as shown in site plan. Any other or further relief which this hon'ble court may deem fit and proper in the circumstances of the case may also be granted."

¶5Issue notice.

¶6Ms. Madhawi Agarwal, learned Counsel accepts notice on behalf of the respondent No. 1/MCD and Mr. Abhinav Garg, learned counsel accepts notice on behalf of the respondent Nos. 2 and 3.

¶7Learned Counsel appearing on behalf of the MCD, has handed-up in the Court today, the terms and conditions, permitting the petitioner 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, Mohammad Kamran has been issued a certificate of vending dated

07.11.2021, URI: 1420394, which is annexed as Annexure 'C', to the present writ petition.

¶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 Mohammad Kamran to continue to vend within Central Zone, Ward-S-55, strictly

and scrupulously in compliance with the terms and conditions of the said certificate 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 Mohammad Kamran, to vend within Central Zone, Ward-S-55, subject to the terms and conditions of the said certificate of vending dated 07.11.2021, without any let or hindrance.

¶12No further directions are prayed for.

¶13With the above directions, the writ petition is disposed of accordingly. The pending application also stands disposed of.

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

SIDDHARTH MRIDUL (JUDGE)

TALWANT SINGH (JUDGE)

MAY 17, 2023/nk

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#-42 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered on: 17.05.2023 ' + W.P.(C) 6413/2023 & CM APPL. 25259/2023 (Interim Injunction) MOHD KAMRAN KHAN ..... Petitioner versus MUNICIPAL CORPORATION OF DELHI & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner : Ms. Tanvi Madan & Ms. Mansi Sharma, Advocates. For the Respondents : Ms. Madhawi Agarwal, Advocate for Ms. Mrinalini Sen, Advocate for R-1/MCD. Mr. Abhinav Garg, Panel Counsel with Mr. Mihir Gujjewar, Advocate for R-2 & 3. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE TALWANT SINGH