Dinesh Kumar Jain v. Municipal Corporation Of Delhi And ORS.

$~S-40 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 22.09.2023 W.P.(C) 12576/2023 DINESH KUMAR JAIN ..... Petitioner

Versus

MUNICIPAL CORPORATION OF DELHI AND ORS...... Respondents Advocates who appeared in this case:

For the Petitioner :

Mr. Sanjay Baniwal, Ms. Manisha Baniwal, Mr. Varun Mudgil, Mr. Bhupender Singh and Mr. Shubham Sagar, Advocates.

For the Respondents :

Ms.Tajinder Virdi, Standing Counsel for R-1/MCD (through video-conferencing).

Mr. Mohit Bhardwaj, Panel Counsel, GNCTD along with Mr. Mayank Singhal, Advocate for R-2 and R-3/SHO with S.I. Mohit Asiwal, P.S.: Karol Bagh.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE 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 petitioner, praying as follows:- W.P.(C) 12576/2023 Page 1 of 7

"In the above mentioned facts and circumstances, it is most respectfully prayed that this Hon'ble Court may be pleased to:

I. Pass an order directing the respondent no. 1 to re-allocate the petitioner from Ajmal Khan Road in compliance of the letter dated 14.10.2021 issued by the respondent no. 1;

II. Pass an order directing the respondents not to disturb the operation of the vending/hawking unit of the petitioner at Karol Bagh Zone, Ward - 92N in reference/compliance of the Certificate of Vending (COV) issued by the respondent no. 1; III. Pass an order directing the Respondent MCD to declare the Petitioner as Stationary Street Vendor and Rectify the details of the same in the Vending Certificate of the Petitioner.

IV. 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. AND FOR THIS ACT OF KINDNESS THE PETITIONERS ARE DUTY BOUND SHALL EVER PRAY."

2.

Issue notice.

3.

Ms. Tajinder Virdi, learned Standing Counsel accepts notice on behalf of the respondent No.1/MCD and Mr. Mohit Bhardwaj, learned Panel Counsel accepts notice on behalf of the respondent Nos. 2 and 3/SHO. 4.

Learned counsel appearing on behalf of the MCD, has invited our attention to the terms and conditions, permitting the petitioner to vend. W.P.(C) 12576/2023 Page 2 of 7

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.

W.P.(C) 12576/2023 Page 3 of 7

10.

The street vendor shall not do any unauthorized/illegal activity.

11.

Mobile vendors shall not stay or vend more than 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 Certificate of Vending issued to the petitioner, it is clearly stipulated that he cannot vend from any particular location, contrary to the express terms of Clause no. '11', of the said Certificate 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 W.P.(C) 12576/2023 Page 4 of 7

from any particular spot, the stipulation of 30 minutes time, contained in the said clause, is binding on the petitioner, at this stage. Learned counsel appearing on behalf of the petitioner states, that he does not pray for the relief of running his business from any particular vending site, within the zone where he has been permitted to vend by the Municipal Corporation of Delhi, and further, the limited relief that is prayed for, is to permit the petitioner to vend strictly, in accordance with the terms and conditions of the Certificate of Vending dated 06.11.2021, 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 petitioner, namely, Mr. Dinesh Kumar Jain, has been issued a certificate of vending dated 06.11.2021 (URI: 3173610), which is annexed as Annexure P-2, to the present writ petition.

W.P.(C) 12576/2023 Page 5 of 7

8.

In view of the foregoing, learned counsel appearing on behalf of the petitioner, categorically limits the relief in the present writ petition, to a direction to the Municipal Corporation of Delhi, to permit Mr. Dinesh Kumar Jain to continue to vend within Karol Bagh Zone, Ward-92-N, strictly and scrupulously in compliance with the terms and conditions of the said certificate of vending, particularly Clause no. 11, and in accordance with law.

9.

In view of the above, the present writ petition is partly allowed; and the Municipal Corporation of Delhi is directed to permit Mr. Dinesh Kumar Jain, the petitioner herein, to vend within Karol Bagh Zone, Ward-92-N, subject to the terms and conditions of the aforementioned certificate of vending dated 06.11.2021, without any let or hindrance. 10.

Needless to state that, insofar as prayer clause (III) is concerned, the petitioner will be at liberty to articulate the difficulties faced by him, before the appropriate authorities i.e. Town Vending Committee (TVC), at the time they carry out the subject survey, in accordance with law, in relation to the certificate of vending.

11.

No further directions are prayed for.

12.

With the above directions, the writ petition is disposed of accordingly. W.P.(C) 12576/2023 Page 6 of 7

13.

forthwith.

SIDDHARTH MRIDUL (JUDGE) ANISH DAYAL (JUDGE) SEPTEMBER 22, 2023/rs W.P.(C) 12576/2023 Page 7 of 7