Mohd Firoj and Ors v. Municipal Corporation of Delhi Through Its Commissioner Dr Sp Mukherjee and Ors

J U D G M E N T

SIDDHARTH MRIDUL, J. (OPEN COURT)

CM APPL. 41834/2023 (Exemption) & CM APPL. 41835/2023 (Exemption)

¶1Exemptions allowed, subject to just exceptions.

¶2The applications are disposed of accordingly.

W.P.(C) 10796/2023

¶1The present writ petition under Article 226 of the Constitution of India, 1950, has been instituted on behalf of the petitioners, praying as follows:- It is most respectfully prayed that this Hon'ble Court may be pleased to: a) Issue an appropriate Writ of mandamus or any other appropriate writ, order or directions thereby directing the respondents to ensure that the petitioners Street Vendors be allowed to peacefully vend in terms of the vending certificate issued to them, on their vending sites i.e., in Old Lajpat Rai Market, City-SP Zone, Ward-84-N, More Sarai Road and Deewan Hall Road, Delhi-110006 without any hindrance being caused by any public official; b) Issue an appropriate Writ of mandamus or any other appropriate writ, order or directions thereby directing the SHO, PS Kotwali to ensure that the street vendors of the petitioner association shall not be forcefully removed from their vending site; c) Issue an appropriate Writ of mandamus or any other appropriate writ, order or directions thereby directing the respondents, their officials, their agents etc. be restrained from harassing the petitioners from peacefully vending at their vending sites even in the future; d) Issue an appropriate Writ of mandamus or any other appropriate writ, order or directions thereby directing the

respondent MCD to rectify the certificates of the Petitioners to 'Stationery street vendors' as details in the vending certificate issued to the petitioners. e) 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 the stationary vendors; f) Pass such other or further order(s) as this Hon'ble Court deems fit under the facts and circumstances of the case. AND FOR THE ACT OF KINDNESS THE PETITIONERS ARE DUTY BOUND SHALL EVER PRAY

¶2Issue notice.

¶3Ms. Tajinder Virdi, learned Standing Counsel, accepts notice on behalf of the MCD and Mr. Laksh Khanna, learned counsel accepts notice on behalf of the GNCTD.

¶4Learned Standing Counsel appearing on behalf of the MCD, has invited our attention to the terms and conditions, permitting the petitioners to vend.

¶5For 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."

¶6In 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 a vendor 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 he has been permitted to vend by the Municipal Corporation of Delhi, and further, the limited relief that is prayed for, is to permit the petitioners to vend strictly, in accordance with the terms and conditions of the Certificates of Vending, 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 following petitioners have been issued certificates of vending, which are annexed as Annexure P-4, 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 Mohammad. Firoj

07.11.2021 City-SP Zone, Ward-84-N 4992597 Food/Snack with gas cylinder/fire Prem Kumar Shukla

07.11.2021 City-SP Zone, Ward-84-N 9664722 Food/Snack with gas cylinder/fire Tushar

07.11.2021 City-SP Zone, Ward-84-N 1461129 Food/Snack with gas cylinder/fire Kamal Deep

07.11.2021 City-SP Zone, Ward-84-N 6790147 Food/Snack with gas cylinder/fire Mukutmani

07.11.2021 City-SP Zone, Ward-84-N 9438843 Food/Snack with gas cylinder/fire Taranjeet Singh

07.11.2021 City-SP Zone, Ward-84-N 8894164 Food/Snack with gas cylinder/fire Juber Alam

07.11.2021 City-SP Zone, Ward-84-N 5933046 Food/Snack with gas cylinder/fire Nem Chand

07.11.2021 City-SP Zone, Ward-84-N 8340607 Food/Snack with gas cylinder/fire

¶8In view of the foregoing, learned counsel appearing on behalf of the petitioners, categorically limits the relief in the present writ petition, to a direction to the Municipal Corporation of Delhi, to permit the above-mentioned street vendors, to continue to vend within City-SP Zone, Ward-84-N, 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 the above-mentioned petitioners/street vendors, to vend within City-SP Zone, Raheem

07.11.2021 City-SP Zone, Ward-84-N 8382037 Food/Snack with gas cylinder/fire Vechan Thakur Rajkumar

07.11.2021 City-SP Zone, Ward-84-N 3643337 Food/Snack with gas cylinder/fire Md. Israil

07.11.2021 City-SP Zone, Ward-84-N 5542404 Food/Snack without gas cylinder/fire Tajinder Singh

07.11.2021 City-SP Zone, Ward-84-N 3184333 Food/Snack with gas cylinder/fire Asgar Alam

07.11.2021 City-SP Zone, Ward-84-N 9159957 Food/Snack with gas cylinder/fire

¶14Masud

28.02.2022 City-SP Zone, Ward-84-N 8636061 Food/Snack with gas cylinder/fire Sekh Abdul Hussain

07.11.2021 City-SP Zone, Ward-84-N 5798864 Food/Snack with gas cylinder/fire Mohd. Alam

07.11.2021 City-SP Zone, Ward-84-N 2848866 Food/Snack without gas cylinder/fire

Ward-84-N, subject to the terms and conditions of their certificates of vending, without any let or hindrance.

¶10Needless to state that, insofar as prayer clause (d) is concerned, the petitioners will be at liberty to prosecute their representations, appended to this petition, before the appropriate authorities, in accordance with law, in relation to the certificate of vending.

¶11No further directions are prayed for.

¶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)

AUGUST 16, 2023 Aanchal Click here to check corrigendum, if any

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 16.08.2023 W.P.(C) 10796/2023 MOHD FIROJ AND ORS ..... Petitioners Versus MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMISSIONER DR SP MUKHERJEE AND ORS. .... Respondents Advocates who appeared in this case: For the Petitioners : Mr. Aditya, Mr. Kamlesh Kumar Mishra, Mr. Kailash Jha, Mr. Bibhuti Bhushan Mishra, Mr. Anjani Kumar Mishra & Mr. Dipak Raj, Advocates. For the Respondents : Ms. Tajinder Virdi, Standing Counsel for MCD with Ms. Preeti Giri, Ms. Chetna Dhudheria, Advocates for MCD. Mr. Laksh Khanna, Advocate for GNCTD. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE ANISH DAYAL