Rajendra Sahni 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, 1950, has been instituted on behalf of the petitioner, praying as follows:- "Pass an Order directing the respondents to ensure that that the petitioner is allowed to peacefully vend on his vending site i.e., On the footpath, in front of MCD Park, Mata Mandir Road, New Friends Colony, Central Zone, Ward-S-89, Delhi without any hindrance being caused by any public official.

II. Pass an order directing the respondents, their officials, their agents etc. be restrained from harassing the petitioners from peacefully vending at their vending sites.

III. Pass an order directing the SHO, PS New Friends Colony to ensure that the petitioner street vendor shall not be forcefully removed from his vending site.

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 petitioner.

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 stationery 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. Abhay Pratap Singh, learned counsel accepts notice on behalf of the respondent No. 1/MCD. Mr. Abhinav Garg, learned Panel Counsel/GNCTD accepts notice on behalf of respondent Nos. 2 & 3.

¶4Learned counsel appearing on behalf of the MCD, has handed-up in the Court today, the terms and conditions, permitting the petitioners 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 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. Rajendra Sahni has been issued a certificate of vending dated

06.11.2021, URI: 5384086, which is annexed as Annexure P-3, to the present writ petition.

¶7In view of the foregoing, learned counsel appearing on behalf of the petitioner, categorically limits the relief in the present writ petition, to a direction to the Municipal Corporation of Delhi, to permit Mr. Rajendra Sahni to continue to vend within Central Zone, Ward-S-89, 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 partly allowed; and the Municipal Corporation of Delhi is directed to permit Mr.Rajendra Sahni, to vend within Central Zone, Ward-S-89, subject to the terms and conditions of the said certificate of vending dated

06.11.2021, 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 Court forthwith.

SIDDHARTH MRIDUL (JUDGE)

TALWANT SINGH (JUDGE) MAY 26, 2023/mr

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#22 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 26.05.2023 + W.P.(C) 7448/2023 & CM APPL. 28946/2023 (for directions) RAJENDRA SAHNI ..... Petitioner versus MUNICIPAL CORPORATION OF DELHI AND ORS. ..... Respondents [ Advocates who appeared in this case: For the Petitioner : Mr. Aditya, Mr. Kamlesh Kumar Mishra, Mr. Kailash Kumar Jha and Mr. Bibhuti Bhushan Mishra, Advocates. For the Respondents : Mr. Abhay Pratap Singh, Advocate for R-1/MCD. Mr. Abhinav Garg, Panel Counsel/GNCTD with Mr. Mihir Gujjewar and Mr. Arjun Nanrang, Advocates for R-2 & 3. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE TALWANT SINGH