Ashwani Sharma v. Municipal Corporation of Delhi & Ors

JUDGMENT

SIDDHARTH MRIDUL, J. (OPEN COURT)

¶1The 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 in Central Zone, Ward-S-55, S.D.M Office, Aggarwal Road, Daryaganj, Delhi-110002 recommended by Town Vending Committee vide letter dated 22/09/2020 and as shown in site plan.

(b)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."

¶2Issue notice.

¶3Mr. Abhinav Swaroop, learned Counsel, accepts notice on behalf of the respondent No. 1/Municipal Corporation of Delhi (MCD) and Mr. Abhinav Garg, learned Panel Counsel accepts notice on behalf of Government of NCT of Delhi (GNCTD).

¶4Learned counsel appearing on behalf of the GNCTD, has handed-up in the Court today, the terms and conditions, permitting the petitioner to vend. Let 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 haveany 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 siteand

will produce original documents to

TVC/concernedinspectorwhenever

required.

¶8Vendor/Squatter shall insure that no

hindrance be caused to pedestrian and

vehicular moment.

¶9Vendor shall not vend/sell any harmful,

dangerous and polluteditems.It

should also be ensured that the

quality of the products sold and

services provided to the public conform to

the prescribed standardsofpublic

health, hygienicconditionsand

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 vendon roads. Vendor shouldtake care

of space in frontof vending stalls/counters

on footpath for pedestrians.

¶13Vending certificate can be cancelled or

suspended on thebasis 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 theconditions

mentioned in Delhi Street Vendors

(Protection of Livelihoodand 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,Mr. Ashwani Sharma has been issued a certificate of vending dated 07.11.2021, URI: 5895408, which is annexed as Annexure C, to the present writ petition.

¶7In view of the foregoing, learned counsel appearing on behalf of the petitioner, seeks a solitary relief in the present writ petition, i.e., to a direction to the Municipal Corporation of Delhi, to permit Mr. Ashwani Sharma 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.

¶8In view of the above, the present writ petition is allowed; and the Municipal Corporation of Delhi is directed to permit Mr. Ashwani Sharma, 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.

¶9No further directions are prayed for.

¶10With the above directions, the writ petition is disposed of accordingly. The pending application also stands disposed of.

¶11A copy of this judgment be uploaded on the website of this Courtforthwith.

SIDDHARTH MRIDUL, J (JUDGE)

TALWANT SINGH, J

(JUDGE)

MAY 23, 2023/pa

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#S-36 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 23.05.2023 + W.P.(C) 7064/2023& CM APPL. 27461/2023 (For directions) ASHWANI SHARMA ..... Petitioner versus MUNICIPAL CORPORATION OF DELHI & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner : Ms. Tanvi Madan, Advocate. For the Respondents: Mr. Abhinav Swaroop, Advocate for MCD. Mr. Abhinav Garg, Panel Counsel for GNCTD with Mr. Mihir Gujjerwar and Mr. Arjun Narang, Advocates. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE TALWANT SINGH