Manoj Kumar Singh and Ors v. Municipal Corporation of Delhi and Ors

J U D G M E N T

SIDDHARTH MRIDUL, J. (OPEN COURT)

¶1At the outset, learned counsel appearing on behalf of the petitioners seeks leave to delete petitioner no. 4, namely, Tasleen Rabbani from the array of parties, with liberty to initiate independent

proceedings containing better and corrected particulars, in relation to petitioner no. 4 and also seeks liberty to file amended memo of parties.

¶2Leave and liberty granted.

¶3Let the amended memo of parties be filed within two days from today.

¶4The present writ petition under Article 226 of the Constitution of India, has been instituted on behalf of the petitioners, praying as follows:- "I. Pass an order directing the respondents not to disturb the petitioners operation of vending/hawking unit at South Zone, Ward - S - 66 of the petitioners in reference/ compliance of the Certificates of Vending (CCV) issued by the respondents;

II. 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."

¶5Issue notice.

¶6Ms. Tajinder Virdi, learned Standing Counsel, accepts notice on behalf of the respondent No. 1/MCD and Ms. Nitika Bhutani, learned counsel accepts notice on behalf of the respondent No.2 and 3.

¶7Learned Standing Counsel appearing on behalf of the MCD, has handed-up in the Court today, the terms and conditions, permitting the petitioners to vend.

¶8Let the same be taken on the record. For the sake of completeness, the said terms and conditions attached to the Certificates 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,

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. Manoj Kumar Singh

06.11.2021 South Zone, Ward-S-66 7303681 Others Mr. Daya Ram

06.11.2021 South Zone, Ward-S-66 6540901 Others Mr. Satya Dev Prasad

06.11.2021 South Zone, Ward-S-66 6418144 Others Mr. Sanjay Kumar Prasad

06.11.2021 South Zone, Ward-S-66 2164846 Others Ms. Kusum

06.11.2021 South Zone, Ward-S-66 2653936 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 South Zone, Ward-S-66, 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 South Zone, Ward-S-66, 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, insofar as it employs the expression 'Others'.

¶13No further directions are prayed for.

¶14With the above directions, the writ petition is disposed of accordingly.

¶15A copy of this judgment be uploaded on the website of this Court forthwith.

SIDDHARTH MRIDUL

(JUDGE)

TALWANT SINGH (JUDGE) MAY 24, 2023/pa

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#S-50 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 24.05.2023 + MANOJ KUMAR SINGH AND ORS. ..... Petitioners Versus MUNICIPAL CORPORATION OF DELHI AND ORS. ..... Respondents Advocates who appeared in this case: For the Petitioners : Mr. Sanjay Baniwal, Ms. Manisha Baniwal and Mr. Bhupinder Singh, Advocates. For the Respondents : Ms. Tajinder Virdi, Standing Counsel with Ms. Kaavini and Ms. Sakshi Tiwari, Advocates for R-1/MCD. Ms. Nitika Bhutani, Advocate for R-2 & 3. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE TALWANT SINGH