SUBODH BIND AND ORS vs MUNICIPAL CORPORATION OF DELHI AND ORS
$~51
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered on: 04.10.2023
+ W.P.(C) 12964/2023
SUBODH BIND AND ORS ….. Petitioners
versus
MUNICIPAL CORPORATION OF DELHI AND ORS. ….Respondents
Advocates who appeared in this case:
For the Petitioners: Mr. Kamlesh Kumar Mishra & Mr. Aditya, Advocates.
For the Respondents: Ms. Shweta Priya, Counsel for MCD.
CORAM:
HONBLE MR. JUSTICE SIDDHARTH MRIDUL
HONBLE MR. JUSTICE ANISH DAYAL
J U D G M E N T
SIDDHARTH MRIDUL, J. (OPEN COURT)
1. The present writ petition under Article 226 of the Constitution of India, 1950, has been instituted on behalf of the petitioners, praying as follows:-
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, SPM Marg, Opposite Maharani Avanti Bai Lodhi Smarak, Pul Mithai, City SP Zone, Ward-83-N, New 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 Sabzi mandi 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 “Others” 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 directing the TVC, City SP Zone to decide the representation dated 28.08.2023 made by the petitioners for declaring them as a Stationary Street Vendor in terms of the Section 6 of the Act.
VII. 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.
2. Issue notice.
3. Ms. Shweta Priya, learned counsel appearing on behalf of respondent No.1/Municipal Corporation of Delhi (MCD), accepts notice.
4. Learned Counsel appearing on behalf of the MCD, has handed-up in the Court today, the terms and conditions, permitting the petitioners to vend.
5. For 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.
2. Vending certificate is non-transferable.
3. It is mandatory for the vendor to follow the vending period and zone as determined by TVC or local body.
4. Vendor shall not give his vending certificate on rent in any way.
5. Vendor shall not have any infectious disease.
6. Vendor shall have to take care of hygiene on vending place/zone and nearby area and also take care of public health.
7. Vendor shall display copy of vending certificate on his place/vending site and will produce original documents to TVC/concerned inspector whenever required.
8. Vendor/Squatter shall insure that no hindrance be caused to pedestrian and vehicular moment.
9. Vendor 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.
10. The street vendor shall not do any unauthorized/illegal activity.
11. Mobile vendors shall not stay or vend more than 30 minutes or time prescribed by the TVC at place in a vending/squatting zone.
12. Vendors 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.
13. Vending certificate can be cancelled or suspended on the basis of violations.
14. Vendor shall not build or construct any kind of permanent or temporary structure at vending site.
15. Seller shall adopt health and hygiene conditions as required by local laws and court orders.
16. Vendor have to follow all the conditions mentioned in Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019.
6. In terms of the Certificates of Vending issued to the petitioners, it is clearly stipulated 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.
7. Learned counsel appearing on behalf of the petitioners states that he does not pray for the relief of running their respective businesses from any particular vending site, within the zone where the petitioners have been permitted to vend by the Municipal Corporation of Delhi, and further, the solitary relief that is prayed for is to permit them to vend, strictly in accordance with the terms and conditions of the Certificates of Vending dated 07.11.2021, issued by the Municipal Corporation of Delhi.
7. It 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 petitioners have been issued Certificates of Vending, which are annexed as Annexure P-2, 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
1
Subodh Bind
07.11.2021
City-SP Zone, Ward- 83-N·
2880553
Others
2
Vinay Kumar Bind
07.11.2021
City-SP Zone, Ward- 83-N·
5173678
Others
3
Parvesh
07.11.2021
City-SP Zone, Ward- 83-N·
1441350
Others
4
Raj Kapoor Poddar
07.11.2021
City-SP Zone, Ward- 83-N·
2610488
Others
5
Vijay Kumar
07.11.2021
City-SP Zone, Ward- 83-N·
1895007
Others
6
Ravinder Kumar Chaurasia
07.11.2021
City-SP Zone, Ward- 83-N·
9082690
Others
7
Ajit Kumar Chorasiya
07.11.2021
City-SP Zone, Ward- 83-N·
3673139
Others
8
Kaleshwar Bind
07.11.2021
City-SP Zone, Ward- 83-N·
9029046
Others
9
Vikash Kumar
07.11.2021
City-SP Zone, Ward- 83-N·
9919654
Others
10
Sonu Kumar
07.11.2021
City-SP Zone, Ward- 83-N·
2671906
Others
11
Adalat Chourasia
07.11.2021
City-SP Zone, Ward- 83-N·
1911981
Others
12
Baleshvar Bind
07.11.2021
City-SP Zone, Ward- 83-N·
4200661
Others
13
Sakaldev Bind
07.11.2021
City-SP Zone, Ward- 83-N·
9483318
Others
8. In view of the foregoing, learned counsel appearing on behalf of the petitioners, 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- 83-N, strictly and scrupulously in compliance with the terms and conditions of the said Certificates of Vending.
9. In view of the above, the present writ petition is partly allowed; and the Municipal Corporation of Delhi is directed to permit the above-mentioned street vendors, to vend within their respective zones, subject to the terms and conditions as specified in the Certificate of Vending, without any let or hindrance.
10. Needless to state that, insofar as prayer clause (VI) is concerned, the petitioners will be at liberty to prosecute their representations and articulate any difficulties faced by them, before the appropriate authorities, in accordance with law, in relation to the Certificate of Vending, insofar as it employs the expression Others.
11. No further directions are prayed for.
12. With the above directions, the writ petition is disposed of accordingly. Pending application(s), if any, also stand disposed of.
13. A copy of this judgment be uploaded on the website of this Court, forthwith.
SIDDHARTH MRIDUL
(JUDGE)
ANISH DAYAL (JUDGE)
OCTOBER 04, 2023/SM
W.P.(C) 12964/2023 Page 7/7