Rajkumar Sav and Ors v. Municipal Corporation of Delhi 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, has been instituted on behalf of the petitioners, 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

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., On the Pavement at

Astha Kunj Road, Opposite Satyam

Cinema, Nehru Place, South Zone, Ward-

S-86, without any hindrance being caused

by any public official.

II. Pass an order directing the SHO, PS

Kalkaji 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.

¶3Ms. Puja Kalra, learned Standing Counsel, accepts notice on behalf of the respondent No. 1/MCD and Ms. Avni Singh, learned counsel accepts notice on behalf of the respondent Nos. 2 and 3.

¶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 that 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 vendors 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.

¶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 following 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 Mr. Raj Kumar Sav

06.11.2021 South Zone, Ward-S-86 4730770 Others Mr. Pati Sahu

06.11.2021 South Zone, Ward-S-86 8421080 Others Mr. Birbal Yadav

09.03.2022 South Zone, Ward-S-86 7201208 Others Mr. Gultan Saw

06.11.2021 South Zone, Ward-S-86 7884472 Others Mr. Vikas Kumar Saw

06.11.2021 South Zone, Ward-S-86 4615837 Others

¶8In view of the foregoing, learned counsel appearing on behalf of the petitioners, categorically limits the relief in the present writ petition, to a direction to the Municipal Corporation of Delhi, to permit the aforesaid petitioners to continue to vend within South Zone, Ward-S-86, strictly and scrupulously in compliance with the terms and conditions of the said certificates of vending, particularly Clause no. 11, and in accordance with law.

¶9In view of the above, the present writ petition is partly allowed; and the Municipal Corporation of Delhi is directed to permit the

petitioners to vend within South Zone, Ward-S-86, subject to the terms and conditions of the aforementioned certificates of vending dated

06.11.2021 & 09.03.2022, without any let or hindrance.

¶10Needless to state that the petitioners will be at liberty to articulate the 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".

¶11No further directions are prayed for.

¶12With the above directions, the writ petition is disposed of accordingly. The pending applications also stand disposed of.

¶13A copy of this judgment be uploaded on the website of this Court forthwith.

SIDDHARTH MRIDUL

(JUDGE)

ANISH DAYAL

(JUDGE) JULY 18, 2023/rs

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#S-44 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 18.07.2023 W.P.(C) 6810/2023, CM APPL. 26572/2023 (for interim relief) & CM APPL. 34538/2023 (for put on record the affidavits of all the petitioners) RAJKUMAR SAV AND ORS. ..... Petitioners Versus MUNICIPAL CORPORATION OF DELHI AND ORS ..... Respondents Advocates who appeared in this case: For the Petitioners : Mr. Bibhuti Bhushan Mishra, Mr. Kamlesh Kumar Mishra, Mr. Anjani Kumar Mishra and Mr. Kailash Kumar Jha, Advocates. For the Respondents : Ms. Puja Kalra, Sanding Counsel along with Mr. Divya Prakash Pande, Standing Counsel (through video- conferencing) along with Mr. Virendra Singh, Advocate for R-1/MCD. Ms. Avni Singh and Mr. Deepak Chaudhary, Advocates for R-2 & R-3. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE ANISH DAYAL