Renu Devi v. Municipal Corporation of Delhi & 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 petitioner, praying as follows:- "1. The the petitioner is a law abiding citizen earning her livelihood by seeling street food from her stall situated at Parda Bagh Road, Darya ganj, Delhi-110002, in Central Zone, Ward S-55, since last more than 10 years as shown in the site plan attached with ther petition.

¶2That the petitioner has been an eligible vendor vide certificate/ Registration no. DL/276402/221121/4053857, issued on 21/11/2022 by Town Vending Committee and was recommended for allotment of a vending site vide LOR. The town vending committee while

recommending the case of petitioner for allotment of permanent vending site also recommended that the petitioner be also granted financial assistance in the form bank loans for setting up her vend.

¶3That the petitioner was granted loan of Rs. 10,000/- under PMSVN on the the recommendation of the town vending committee Vide Application ID PMD11220795000 with which the petitioner has set up her food vending stall and smoothly running the same.

¶4That however, since last two months the the officials of the respondents have started interfering in the running of the food vend by the petitioner and disrupts the business of petitioner by throwing the articles of the petitioner on the road. They say they will not allow the petitioner to run her business unless they are paid sufficiently.

¶5That the petitioner pleaded with the officials and told them that she is a legal and authorised vendor and also showed them the letter issued by Town Vending Committee, Delhi, which is an statutory body but the officials of respondent refused to recognise.

¶6That the action of the officials of respondents is highly illegal and uncalled for. The respondents have no right to interfere in the running of her business from the site mentitioned in the letter dated 21/11/2022 no DL/276402/221121/4053857 issued by Town Vending committee. The right of the petitioner to work and earn her livelihood is her fundamental right recognised by Indian Constitution..

¶7That the petitioners have not filed any other or previous writ petition in respect of the subject matter of the present writ petition before the hon'ble court or before the hon'ble Supreme Court.

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 her business or cause any disturbance in the functioning of her food stall from the vending site allotted to her at Central Zone, Ward-S-55, Parda Bagh Road, Daryaganj, Delhi-110002 by

Town Vending Committee vide letter dated 21/11/2022 and as shown in site plan.

Any other or further relief which ther hon'ble court may deem fit and proper in the circumstances of the case may also be granted."

¶2Issue notice.

¶3Ms. Ankita Sarangi, learned counsel accepts notice on behalf of the respondent No. 1/MCD and Mr. Alok Saxena, 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 petitioner 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 Certificate of Vending issued to the petitioner, it is clearly stipulated that she cannot vend from any particular location, contrary to the express terms of Clause no. '11', of the said Certificate 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 a vendor can vend from any particular spot, the stipulation of 30 minutes time, contained in the said clause, is binding on the petitioner, at this stage. Learned counsel appearing on behalf of the petitioner states, that

she does not pray for the relief of running her business from any particular vending site, within the zone where she has been permitted to vend by the Municipal Corporation of Delhi, and further, the solitary relief that is prayed for, is to permit the petitioner to vend strictly, in accordance with the terms and conditions of the Certificate of Vending dated 07.11.2021, issued 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, Ms. Renu Devi has been issued a certificate of vending dated

07.11.2021, URI: 9206975, which is annexed as Annexure C, to the present writ petition.

¶8In 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 Ms. Renu Devi 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, 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 Ms. Renu Devi, 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.

¶10No further directions are prayed for.

¶11With the above directions, the writ petition is disposed of accordingly. The pending application also stands disposed of.

¶12A copy of this judgment be uploaded on the website of this Court forthwith.

SIDDHARTH MRIDUL

(JUDGE)

TALWANT SINGH (JUDGE) MAY 29, 2023 Aanchal

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#S-49 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 29.05.2023 W.P.(C) 7527/2023 & CM APPL. 29206/2023 (for direction) RENU DEVI ….Petitioner Versus MUNICIPAL CORPORATION OF DELHI AND ORS. ….Respondents Advocates who appeared in this case: For the Petitioner : Ms. Mansi Sharma, Advocate. For the Respondents: Ms. Ankita Sarangi, Advocate for R-1. Mr. Alok Saxena, Advocate for R-2 & R-3. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE TALWANT SINGH