Kripa Shankar Paswan and Anr v. Mcd 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, 1950, has been instituted on behalf of the petitioners, 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 allow the petitioners to peacefully vend in terms of the Certificate of Vending issued to them.

II. Pass an Order directing the respondents to ensure that the petitioners be allowed to peacefully vend on their vending sites i.e., on the Footpath, Vikas Marg, Near Lalita Park, Laxmi Nagar, Shahdara South Zone, Ward-13-E, Delhi without any hindrance being caused by any public official.

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

IV. Pass an order directing the SHO, PS Laxmi Nagar to ensure that the petitioner street vendors shall be allowed to peacefully vend at their vending sites.

V. Pass an order directing the respondent MCD to correct the nomenclature in the column for Type of Vendor from "Food/Snacks with gas cylinder/fire" to "Stationary Street Vendor" (in view of the Section 6 of the Act) as detailed in the vending certificates issued to the petitioners.

VI. 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. VII. Pass an order directing the TVC, Shahdara South Zone to decide the representation dated

11.08.2023 made by the petitioners for declaring them as a Stationary Street Vendor in terms of the Section 6 of the Act.

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.

¶3Ms. Vandana Sehgal, learned counsel accepts notice on behalf of the respondent No. 1/MCD and Mr. Sanjay Lao, learned Standing Counsel (Criminal), accepts notice on behalf of the respondent Nos. 3 and 4/SHO, P.S.: Laxmi Nagar

¶4Learned 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 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 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, 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 dated 08.11.2021, 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, the following petitioners have been issued certificates of vending, which are annexed as Annexure P-3, to the present writ petition.

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

PLACE OF VENDING VENDING CERTIFI CATE

(URI) CATEGORY OF THE COV ISSUED

Mr. Kripa Sankar Paswan

08.11.2021 Shahdara South Zone, Ward-13E 9055596 Fresh Fruits/Vegetables /Perishables Mr. Imran

08.11.2021 Shahdara South Zone, Ward-13E 1339694 Fresh Fruits/Vegetables /Perishables

¶8In 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 aforesaid petitioners to continue to vend within Shahdara South Zone, Ward-13E, 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.

¶9In view of the above, the present writ petition is partly allowed; and the Municipal Corporation of Delhi is directed to permit the petitioners to vend within Shahdara South Zone, Ward-13E, subject to the terms and conditions of the aforementioned certificates of vending dated 08.11.2021, without any let or hindrance.

¶10Needless to state that, insofar as prayer clause (VII) is concerned, the duly constituted Town Vending Committee (TVC) is directed to

determine the representation made by the petitioners, dated 11.08.2023, appended to this petition, which is annexed as 'Annexure P-4, as expeditiously as possible, preferably within a period of eight weeks from today, after affording an opportunity to the petitioners, of being heard, by way of a speaking order, in accordance with law.

¶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) SEPTEMBER 04, 2023/rs

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#S-43 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 04.09.2023 W.P.(C) 11584/2023 KRIPA SHANKAR PASWAN AND ANR ..... Petitioners Versus MUNICIPAL CORPORATON OF DELHI & ORS.....Respondents Advocates who appeared in this case: For the Petitioners : Mr. Anjani Kumar Mishra, Mr. Kamlesh Kr. Mishra, Mr. Aditya, Mr. Bibhuti Bhushan Mishra, Mr. Dipak Raj and Mr. Kailash Kr. Jha, Advocates. For the Respondents : Ms. Vandana Sehgal, Advocate for R-1/MCD. Mr. Sanjay Lao, Standing Counsel (Crl.) for R-3 & R- 4/SHO, P.S.: Laxmi Nagar. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE ANISH DAYAL