Mahammad Yakoob & Ors v. Municipal Corporation of Delhi & Ors

J U D G M E N T

SIDDHARTH MRIDUL, J. (OPEN COURT) CM APPL. 46364/2023 (for deletion of name of petitioner Nos. 5, 6 and 7)

¶1The present application under Order 1 Rule 10(2) read with Section 151 of the Code of Civil Procedure (CPC), 1908, has been instituted on behalf of Mr. Mahammad Yakoob & Ors., the applicants/petitioners herein, praying as follows:-"In view of the aforesaid facts and circumstances, it is most respectfully prayed that this Hon'ble Court may be pleased to: -

a. Allow deletion of the Petitioner no. 5, 6,

and 7 from the array of memo of parties

and allow the present Application by taking

on record ANNEXURE A-2 as the

amended memo of parties;

b. Pass any other order(s) and direction(s) as

may be deemed fit and proper in the

circumstances of the case."

¶2Issue notice.

¶3Ms. Tajinder Virdi, learned Standing Counsel accepts notice on behalf of the non-applicants/respondent Nos. 1 and 2/MCD; Mr. Mohit Bhardwaj, learned counsel accepts notice on behalf of the non-

applicant/respondent No. 3/P.S.: South Shahdara Zone and fairly do not oppose the present application.

¶4In view of the circumstance that the writ petition itself is at the initial stage, as well as, the circumstance that the petitioner No. 5, namely, Mr. Amrit Lal Chaurasiya, petitioner No. 6, namely, Mr. Krishanpal Singh and petitioner No. 7, namely, Mr. Mushrraf, have independently instituted separate writ petitions, in relation to the subject matter of the present proceedings, we see no impediment in allowing the present application.

¶5The application is accordingly allowed. The petitioner No. 5, namely, Mr. Amrit Lal Chaurasiya, petitioner No. 6, namely, Mr. Krishanpal Singh and petitioner No. 7, namely, Mr. Mushrraf, are deleted from the array of parties, in the present writ petition.

¶6The amended memo of parties is directed to be taken on the record.

¶7The application is disposed of accordingly. W.P.(C) 10710/2023

¶8The present writ petition under Article 226 and Article 227 of the Constitution of India, 1950, has been instituted on behalf of the petitioners, praying as follows:-"It is, therefore, most respectfully and humbly prayed from this Hon'ble Court that this Writ Petition may please be allowed. It is further prayed that this Hon'ble Court may:-

a. Issue appropriate writ, order and/ or

direction against the Respondent No. 1 & 3

for abusing his power and prohibiting

Respondent No. 1 & 3 from continuously

harassing the Petitioners.

b. Issue appropriate writ, order and/ or

direction allowing the Petitioners to carry

of the business as Street Vendor peacefully

and in accordance with their Certificate of

Vending, without any illegal interference

from the Respondent authorities.

c. Any other order which this Hon'ble Court

may deem fit in the facts and circumstances

of the case may also be passed."

¶9Issue notice.

¶10Ms. Tajinder Virdi, learned Standing Counsel accepts notice on behalf of the respondent Nos. 1 and 2/MCD and Mr. Mohit Bhardwaj, learned counsel accepts notice on behalf of the respondent No. 3/P.S.: South Shahdara Zone.

¶11Learned Standing Counsel appearing on behalf of the MCD, has invited our attention to the terms and conditions, permitting the petitioners to vend.

¶12For 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."

¶13In terms of the Certificates of Vending issued to the petitioners, it is clearly stipulated that they cannot vend from any particular location,

contrary to the express terms of Clause no. '11', of the said Certificates 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 petitioners, at this stage. Learned counsel appearing on behalf of the petitioners states, that they do not pray for the relief of running their business from any particular vending site, within the zone where they have been permitted to vend by the Municipal Corporation of Delhi.

¶14It 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 A-1 to A-5 along with the CM APPL. 44295/2023, in the present writ petition.

S.NO. NAME OF THE STREET VENDORS DATE OF ISSUE OF VENDING CERTIFICATE

PLACE OF VENDING VENDING CERTIFICAT E (URI) CATEGORY OF THE COV ISSUED Mr. Mahammad Yakoob

15.11.2021 Shahdara South Zone, Ward-19E 5457099 Food/Snack with gas cylinder/fire Mr. Mohan Singh Verma

08.11.2021 Shahdara South Zone, Ward-19E 5138295 Food/Snack with gas cylinder/fire Mr. Dinesh Kumar Yadav

24.11.2021 Shahdara South Zone, Ward-19E 3526616 Food/Snack with gas cylinder/fire Mr. Arnav Singh

15.11.2021 Shahdara South Zone, Ward-14E 1920615 Food/Snack with gas cylinder/fire Ms. Shobha

15.11.2021 Shahdara South Zone, Ward-17E 4044218 Food/Snack with gas cylinder/fire

¶15In view of the foregoing, learned counsel appearing on behalf of the petitioners, categorically limits the relief in the present writ petition, i.e. to a direction to the Municipal Corporation of Delhi, to permit the petitioner No.1, namely, Mr. Mahammad Yakoob, petitioner No.2, namely, Mr. Mohan Singh Verma and petitioner No. 3, namely, Mr. Dinesh Kumar Yadav, to continue to vend within Shahdara South Zone, Ward-19E; petitioner No. 4, namely, Mr. Arnav Singh, to

continue to vend within Shahdara South Zone, Ward-14E and petitioner No. 5, namely, Ms. Shobha, to continue to vend within Shahdara South Zone, Ward-17E respectively, as per the Certificates of Vending, strictly and scrupulously in compliance with the terms and conditions of the said certificates of vending, particularly Clause no. 11, and in accordance with law.

¶16In view of the above, the present writ petition is partly allowed; and the Municipal Corporation of Delhi is directed to permit the petitioner No.1, namely, Mr. Mahammad Yakoob, petitioner No.2, namely, Mr. Mohan Singh Verma and petitioner No. 3, namely, Mr. Dinesh Kumar Yadav, to continue to vend within Shahdara South Zone, Ward-19E; petitioner No. 4, namely, Mr. Arnav Singh, to continue to vend within Shahdara South Zone, Ward-14E and petitioner No. 5, namely, Ms. Shobha, to continue to vend within Shahdara South Zone, Ward-17E respectively, subject to the terms and conditions of the aforementioned certificates of vending dated

08.11.2021, 15.11.2021 and 24.11.2021, without any let or hindrance.

¶17No further directions are prayed for.

W.P.(C) 10710/2023 Page 10 of

¶18With the above directions, the writ petition is disposed of accordingly. The pending application also stands disposed of.

¶19The date already fixed i.e. 19.09.2023 stands cancelled.

¶20A copy of this judgment be uploaded on the website of this Court forthwith.

SIDDHARTH MRIDUL

(JUDGE)

ANISH DAYAL

(JUDGE) SEPTEMBER 06, 2023/rs

Click here to check corrigendum, if any

#S-40 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 06.09.2023 W.P.(C) 10710/2023 & CM APPL. 44295/2023 (to place on record additional documents) MAHAMMAD YAKOOB & ORS. ..... Petitioners versus MUNICIPAL CORPORATION OF DELHI & ORS..... Respondents Advocates who appeared in this case: For the Petitioners : Mr. Varun Singh, Ms. Kajal Gupta, Ms. Smriti Wadhwa and Ms. Somesa Gupta, Advocates. For the Respondents : Ms. Tajinder Virdi, Standing Counsel for R-1 and R- 2/MCD. Mr. Mohit Bhardwaj, Advocate for R-3/SHO, P.S.: South Shahdara Zone. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE ANISH DAYAL