Mithilesh Kumar 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 petitioner, 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 that the petitioner is allowed to peacefully vend on his vending site i.e., On the footpath, Service Lane, Nelson Mandela Marg, Opposite International Craft Complex, Vasant Kunj,

South Zone, Ward-S-69, New 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-dislocating-removing the petitioners from peacefully vending at his vending site.

III. Pass an order directing the SHO, PS Vasant Kunj to ensure that the petitioner street vendor shall not be forcefully and illegally removed from his vending site.

IV. Pass an order directing the respondent MCD to correct/rectify the nomenclature in the column for Type of Vendor to "Stationary Street Vendor" in addition to "Food/Snack with gas Cylinder fire" 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 an order directing the respondent no. 2 to decide the representation dated 11.07.2023 sent to the TVC by passing a speaking order.

VII. Pass an order directing the respondent Government of NCT of Delhi to comply and effectuate the provisions of Section 20 of THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014 and make the Dispute Redressal Committee Functional within a stipulated time period.

VIII. 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. Raghvendra Upadhyay, learned counsel accepts notice on behalf of the MCD and Mr. Abhinav Garg, learned counsel accepts notice on behalf of the GNCTD.

¶4Learned 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 Certificates of Vending issued to the petitioner, it is clearly stipulated that he 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 vendors 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 he does not pray for the relief of running his

business from any particular vending site, within the zone where he 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 09.03.2022, 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, the petitioner has been issued certificate of vending, which is annexed as Annexure P-5, to the present writ petition.

¶8In view of the foregoing, learned counsel appearing on behalf of the petitioner, limits the relief in the present writ petition, to a direction to the Municipal Corporation of Delhi, to permit the petitioner, to continue to vend within South Zone, Ward-S-69, 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 allowed; and the Municipal Corporation of Delhi is directed to permit the petitioner, to vend within South Zone, Ward-S-69, subject to the terms and conditions of the said certificate of vending dated 09.03.2022, without any let or hindrance.

¶10No further directions are prayed for.

¶11Needless to state that the petitioner is at liberty to approach the duly constituted Grievance Redressal Committee, in relation to the determination of his representation dated 11.07.2023, annexed as Annexure P6 (Page no. 47) to the present writ petition, in accordance with law.

¶12With the above directions, the writ petition is disposed of accordingly.

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

SIDDHARTH MRIDUL

(JUDGE)

ANISH DAYAL (JUDGE) JULY 26, 2023 Aanchal Click here to check corrigendum, if any

#S-49 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 26.07.2023 W.P.(C) 9805/2023 & CM APPL. 37702/2023 (Interim Relief) MITHILESH KUMAR ..... Petitioner Versus MUNICIPAL CORPORATION OF DELHI AND ORS ….Respondents Advocates who appeared in this case: For the Petitioners : Mr. Bhibhuti Bhushan Mishra, Mr. Kamlesh Kumar Mishra, Mr. Aditya, Mr. Anjani Kumar Mishra & Mr. Kailash Kumar Jha, Advocates. For the Respondents : Mr. Raghvendra Upadhyay & Ms. Purnima Jain, Advocates for MCD. Mr. Abhinav Garg, Panel Counsel for GNCTD with Mr. Mihir Gujjewar, Advocate for GNCTD. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE ANISH DAYAL