SONIA vs MUNICIPAL CORPORATION OF DELHI
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 03.07.2024
+ W.P.(C) 8907/2024 & CM No.36346/2024
SONIA (W/O LT. SH. RAJ SINGH) …..Petitioner
Through: Ms. Bhanita Patowary, Adv.
Versus
MUNICIPAL CORPORATION OF DELHI …..Respondent
Through: Ms. Sanam Tripathi & Mr. Shreyash Choudhary, Advs.
CORAM:
HON’BLE MR. JUSTICE VIBHU BAKHRU
HON’BLE MR. JUSTICE SACHIN DATTA
VIBHU BAKHRU, J. (Oral)
1. The petitioner has filed the present petition, inter alia, praying that the petitioner be permitted to return to her original vending site which is described as in front of Public Toilet, Fountain Chowk, H.C. Sen Road, Chandni Chowk, Delhi (hereafter the Site). The petitioner claims that she is entitled to vend at the said Site by virtue of the order dated 12.02.2015 passed by a Coordinate Bench of this Court in LPA No.69/2015. In addition, the petitioner also claims that directions be issued to the respondent authority to conduct a survey in accordance with Section 3(1) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereafter the Act) and to grant Tehbazari Licence to the petitioner for carrying out the vending activities at the Site in question.
2. The petitioner claims that her deceased husband had commenced vending activities as a street vendor from the aforesaid Site. She further states that the respondent had attempted to remove the petitioners husband from the given Site, which was stoutly resisted by him. It is pointed out that her husband filed a writ petition [being W.P.(C) No.8709/2014], inter alia, praying that the respondents be interdicted from obstructing or disturbing him from carrying on his trade from the Site in question. The said petition was disposed of by an order dated 09.12.2014. The Court observed that in terms of Section 3(3) of the Act, no street vendor could be evicted or relocated till a survey is carried out by the Town Vending Committee (hereafter TVC) and a Certificate of Vending (hereafter CoV) be issued to the street vendors.
3. Although, the said order was in favour of the husband of the petitioner but he was not fully satisfied with the same. He thus preferred an appeal before the Coordinate Bench of this Court [being LPA No.69/2015 captioned Raj Singh v. North Delhi Municipal Corporation & Ors.]. It was contended on his behalf that the learned Single Judge had not issued a writ of prohibition as was prayed for. The said appeal was disposed of by an order dated 12.02.2015 whereby this Court directed that as long as the appellant (petitioners husband) restricts his activity to the space which is 4ft.x6ft., till the TVC discharges the statutory obligations under Section 3(3) of the Act, no impediment would be caused in the appellant carrying on his business from the said site.
4. The petitioner claims that after the demise of her husband she took over the said Site and continued to carry on her vending activities from the said Site.
5. The petitioner states that she was not allowed to vend peacefully as some construction activity had commenced in the vicinity of the Site in question and therefore, she was sought to be removed from the said Site. Aggrieved by the same, the petitioner filed a writ petition in December, 2021 [being W.P.(C) No.4156/2021]. The respondent filed a status report in the said writ petition stating that a relocation order had been passed and that the petitioner had been relocated to a site at Explanade Road (New Site). The said writ petition was disposed of by an order dated 23.02.2022 by recording that the petitioner would be permitted to squat at the New Site. The petitioner was directed to meet the Licencing Inspector in his office on 28.02.2022, and it was further directed that they would jointly proceed to the New Site allocated to the petitioner for the purpose of identification.
6. Admittedly, the said order was complied with and the petitioner commenced the vending activities from the New Site. The petitioner now states that the New Site is not suitable for carrying on her trade which was, selling T-shirt and garments, at the material time. She claims that she was compelled to commence a trade of selling vegetables, which is not profitable and she is unable to meet her requirements. The petitioner claims that since the Site is lying vacant, directions be issued for permitting her to resume her vending activity from the Site as permitted to her husband. However, the petitioners request to the said effect has been denied by the respondent.
7. The learned counsel appearing for the respondent has resisted the petitioners prayer for being relocated at the Site on the ground that the same falls in the No Vending Zone. She referred to the relocation letter dated 21.02.2022, which was placed on record in W.P.(C) No.4156/2021 and pursuant to which the petitioner was directed to be relocated at the New Site. The said letter is reproduced below:
No.AC/C-SPZ/NDMC/2022/D-2791 Dated: 21-02-2022
Smt. Soniya w/o Late Sh. Raj Singh,
1927, Gali Argarha, Fountain Chowk,
Chandni Chowk,
Delhi-110006.
TEMPORARY RELOCATION LETTER
In compliance of Honble High Court order dated 12.02.2015, this is to inform you that the competent authority i.e. Deputy Commissioner/City-SP Zone vide order dated 21.02.2022 has been pleased to allow to relocate the space occupied by you from Fountain Chowk, Chandni Chowk to Explanade Road, Chandni Chowk, Delhi-110006 on purely temporary basis till finalization of vending sites by Town Vending Committee. This is further informed to you that the space occupied by you at Fountain Chowk, Chandni Chowk comes under SRDC Project and also non-vending zone.
Therefore, you are directed to remove your goods from Fountain Chowk, Chandni Chowk, Delhi and obtain the possession of 6X4 (open to sky) space at Explanade Road, Chandni Chwok, Delhi.
Administrative Officer
City-SP Zone, North DMC
8. A plain reading of the aforementioned relocation letter indicates that the petitioner was relocated at the new site till finalization of the vending sites by the Town Vending Committee. The respondent is in the process of conducting the survey. The petitioner has participated in the survey and has been issued a CoV whereby the place from where the petitioner is permitted to carry out her vending activity is described as City SP Zone, Ward-84-N. This Court is also informed that the said CoV is a temporary CoV and a final CoV would be issued after the second TVC (TVC-II) is constituted.
9. In terms of Section 21 of the Act, the local authorities are required to prepare the vending plan in consultation with the TVC. The said vending plan has not been prepared as yet. The question of allocation of sites is required to be considered in accordance with the said plan as and when framed. In the meantime, this Court has also directed that non-vending zones which were declared as such prior to the Act coming into force would continue to remain as non-vending zones and no vending and hawking activities would be permitted from the same1.
10. In view of the above, the petitioners request for being relocated to the Site in the no vending zone cannot be acceded to at this stage. Since the said site falls under a non-vending zone as asserted by the learned counsel appearing for the respondent, it would not be apposite for this Court to issue any direction for relocation of the petitioner in a non-vending zone.
11. It is also noted that the petitioner has accepted the temporary relocation in terms of the letter dated 21.02.2022. The same also specified that the petitioner was allocated the New Site on purely temporary basis till the vending sites are finalized by the TVC. The same has not been done as yet as the same is required to be done after the vending plan has been framed in terms of Section 21 of the Act.
12. In view of the above, the petition is dismissed. All pending applications are also disposed of.
VIBHU BAKHRU, J
SACHIN DATTA, J
JULY 3, 2024
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1 Veer Singh v. Chairman NDMC & Ors.:2024 SCC OnLine Del 683 & Vyapari Kalyan Mandal Main Pushpa v. South Delhi Municipal Corporation: 2017 SCC OnLine Del 8962.
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