Jokhu Lal Chaurasia v. Municipal Corporation Of Delhi And ORS

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6099/2024 JOKHU LAL CHAURASIA ..... Petitioner Through:

Mr. Aditya, Adv. with Ms. Anjani Kumar Mishra, Mr. Kailash Kumar Jha, Advs.

versus MUNICIPAL CORPORATION OF DELHI AND ORS ..... Respondents Through:

Ms. Tajinder Virdi, SC for MCD/R1.

Mr.

Divyam Nandrajog, Panel Counsel, GNCTD with Mr. Jatin Dua, Adv. for R-3, 4 and 5.

CORAM:

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

O R D E R

% 01.05.2024 1.

The petitioner is the street vendor and has filed the above petition, inter alia, praying that he be not disturbed in carrying on his vending activity at the site, on the footpath, Near Shivaji Marg, opposite Hyatt Centric, Janakpuri, West Zone, Ward-S-15, New Delhi. 2.

The petitioner is essentially aggrieved being called upon by the concerned respondents to re-locate from the said vending location every thirty minutes. The said stipulation is contained in Clause 11 of the Terms and Conditions applicable to the Certificate of Vending (COV) issued to the petitioner.

3.

The COV granted to the petitioner indicates that he is vending 'Fresh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Fruit/ Vegetables/ Perishables' from West Zone, Ward-S-15, New Delhi. 4.

The petitioner seeks that he be declared as a "Stationary Street Vendor" and directions be issued restraining the respondents from removing him from his vending site.

5.

We are not persuaded to accept the same.

6.

Admittedly, no specific site has been allotted to the petitioner. The petitioner is also not vending from a permanent or semi-permanent structure. Thus, till any other decision is taken by the TVC, the petitioner is required to be considered as a Mobile Vendor.

7.

Having stated the above, we are of the view that the petitioner has highlighted a serious issue that requires consideration by the concerned authorities. Calling upon the mobile vendors to move or relocate would inevitably put a higher pressure on the streets, in addition to causing substantial amount of inconvenience to the vendors. 8.

Section 6(1) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 (hereafter the Act') expressly provides that the COV can be issued under three categories:- a.

Stationary vendor;

b.

Mobile vendor; or c.

Any other category as may be specified under the Scheme. 9.

Undisputedly, the COV is required to be in terms of the Act and thus, must clearly classify the category of the street vendors. 10.

The petitioner has already filed a representation with the TVC in this regard. It would be necessary for the TVC to take an appropriate decision in this regard till the survey is completed and a vending plan is put in place. 11.

We also direct that the respondents shall not obstruct or disturb the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner from carrying on his vending activities provided the same are carried on in accordance with the terms and conditions of the COV. 12.

Accordingly, we dispose of the present petition by directing the concerned TVC to consider the representation of the petitioner and take an informed decision. Needless to state, the denial of relief as sought for by the petitioner, by this Court would not preclude the TVC from considering the same.

13.

The petition stands disposed of in the aforesaid terms. VIBHU BAKHRU, J TARA VITASTA GANJU, J MAY 01, 2024/SA 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.