Raj Kumar v. Muncipal Corporation Delhi And ORS.

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1792/2023 CM APPL. 6824/2023 CM APPL. 6825/2023 CM APPL. 20974/2023 RAJ KUMAR ..... Petitioner Through:

Mr. N.K Sahoo, Advocate versus MUNCIPAL CORPORATION DELHI AND ORS.

..... Respondents Through:

Ms. Puja Kalra, Standing Counsel with Mr. Virendra Singh, Advocate for MCD Mr. Mohd. Irshad, ASC, GNCTD with Ms. Nasreen, Mr. Kunal and Mr.

Shailesh Chauhan, Advocates Ms. Urvi Mohan, Advocate for GNCTD/Delhi Police

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 01.04.2024 1.

The petitioner has filed the present petition inter alia praying as under:

"(I) To issue a writ of mandamus or appropriate writ or direction or order directing the respondent not to disturb the petitioner for squatting Opposite Building /Shop No 22 Bamasaha Market Kamala Nagar Delhi till Section 21 of street vendors Act ,2014 being enforced and vending fees being collected under section 8 of the street vendors Act,2014; (II) To issue a writ of mandamus or appropriate writ or direction or order directing the respondent not to disturb the petitioner for squatting Opposite Building /Shop No 22 Bamasaha Market Kamala Nagar Delhi in compliance of order dated 10.11.2021 passed in Writ Petition No 12605/2021;"

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2.

The petitioner has also filed an application [CM APPL. 20974/2023] seeking to modify the prayers sought in the petition to read as under: "To issue a writ of mandamus or appropriate writ or direction or order directing the respondent No 1 to issue the Certificate Of Vending (COV ) vide URI ID No 7613242."

3.

The petitioner claims that he had participated in the survey conducted by the Town Vending Committee (TVC) in the year 2021, however, a Certificate of Vending (COV) has not been issued. 4.

The learned counsel appearing for the MCD submits that there is some delay in issuing COV on account of technical reasons regarding linking of the aadhaar card of the street vendors with the biometric authentication for the purpose of survey. However, it is not disputed that pending resolution of this technical issue, COVs have been issued by the MCD to various other vendors.

5.

The learned counsel for the MCD submits that the same have been issued as the stop gap arrangement till a further survey is conducted and the identity of the street vendors is linked to the aadhaar card. 6.

In view of the above, we find no reason why a similar certificate as a stop gap arrangement be not issued to the petitioner. We, accordingly, direct the MCD to take necessary steps to do so.

7.

Admittedly, no Tehbazari site has been allocated to the petitioner, therefore, the petitioner would not be permitted to vend at a fixed place. However, if the petitioner complies with all the conditions of the COV that may be issued, the petitioner would not be disturbed from carrying on the vending activities.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

The petition is disposed of in the aforesaid terms. All pending applications stand closed.

VIBHU BAKHRU, J TARA VITASTA GANJU, J APRIL 01, 2024 g.joshi Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.