Rehri Patri Ekta Manch v. Municipal Corporation Of Delhi And ORS.

$~S-15 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 17.10.2023 W.P.(C) 12619/2023 & CM APPL. 49791/2023 (for ad interim ex-parte order) REHRI PATRI EKTA MANCH ..... Petitioner

Versus

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

For the Petitioner :

Mr. Krishna Gopal Mishra & Mr. Lokesh Pant, Advocates. For the Respondents :

Ms. Tajinder Virdi, Standing Counsel for MCD (through video-conferencing) Mr. Divyam Nandrajog, Panel Counsel GNCTD with Mr. Jatin Dua, Advocate.

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 W.P.(C) 12619/2023 Page 1 of 8

India, 1950, has been instituted by petitioner Association, praying as follows:- "In the facts and circumstances stated herein above, it is Most Respectfully prayed that this Hon'ble Court may graciously be pleased to:

1. Pass an Order directing the respondents to ensure that the petitioner Street Vendors be allowed to peacefully vend in terms of the vending certificate issued to them, on their vending sites i.e., On Pavement at Lal Quila Metro Gate No. 1, Old Lajpat Rai market from opposite Shop No. I to shop no. 848 near dewan Hall Road City SP Zone, Ward 84 N, Delhi without any hindrance being caused by any public official.

2. Pass an order directing the respondents, their officials, their agents etc. be restrained from harassing the petitioners from peacefully vending at their vending sites."

2.

Issue notice.

3.

Ms. Tajinder Virdi, learned Standing Counsel, accepts notice on behalf of the MCD and Mr. Divyam Nandrajog, learned counsel accepts notice on behalf of the GNCTD.

4.

Learned Standing Counsel appearing on behalf of the MCD, has invited our attention to the terms and conditions, permitting the petitioners to vend.

5.

For the sake of completeness, the said terms and conditions attached to the Certificates of Vending, are reproduced herein below:- W.P.(C) 12619/2023 Page 2 of 8

"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 vendors of the W.P.(C) 12619/2023 Page 3 of 8

petitioner Association, it is clearly stipulated that 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 said vendors, at this stage. Learned counsel appearing on behalf of the petitioner Association states, that they do not pray for the relief for the said vendors, running their business from any particular vending site, within the zone where they have been permitted to vend by the Municipal Corporation of Delhi, and further, the limited relief that is prayed for, is to permit the said vendors to vend strictly, in accordance with the terms and conditions of the Certificates of Vending, 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 W.P.(C) 12619/2023 Page 4 of 8

the areas under the MCD zones; pursuant to which, the following vendors have been issued certificates of vending, which are annexed as Annexure P3, to the present writ petition. S.NO. NAME OF DATE OF ISSUE OF VENDING CERTIFICATE PLACE OF VENDING VENDING CERTIFICATE CATEGORY THE STREET VENDORS (URI) Sumitra Devi 12.04.2022 City-SP Zone, Ward-84-N 1338043 Others Raj Kumar 07.11.2021 City-SP Zone, Ward-84-N 7100897 Others Parvesh Kumar Yadav 07.11.2021 City-SP Zone, Ward-84-N 9566688 Others Lalit Kumar Yadav 31.01.2022 City-SP Zone, Ward-84-N 7790590 Others Saurabh Srivastava 28.02.2022 City-SP Zone, Ward-84-N 8549446 Others Chetram 07.11.2021 City-SP Zone, Ward-84-N 7300550 Others Vinod 07.11.2021 City-SP Zone, Ward-84-N 2614762 Others Manish Gupta 07.11.2021 City-SP Zone, Ward-84-N 8342081 Others Amresh Yadav 28.02.2022 City-SP Zone, Ward-84-N 8882177 Others Hemant Kumar 07.11.2021 City-SP Zone, 4551686 Others W.P.(C) 12619/2023 Page 5 of 8

Ward-84-N Md. Shabir 07.11.2021 City-SP Zone, Ward-84-N 5847791 Food/ Snack with gas cylinder/ fire Geeta Devi 31.01.2022 City-SP Zone, Ward-84-N 9877171 Fresh Fruits/ Vegetables/ Perishables Jaiprakash Sudhish Kumar 07.11.2021 City-SP Zone, Ward-84-N 1290360 Others Sonali Thakur 07.11.2021 City-SP Zone, Ward-84-N 3427567 Others Krishna Devi 07.11.2021 City-SP Zone, Ward-84-N 3256743 Others Jaikishan Dass Bachani 07.11.2021 City-SP Zone, Ward-84-N 2046273 Others Raju 07.11.2021 City-SP Zone, Ward-84-N 4560669 Others Arjun Kumar 07.11.2021 City-SP Zone, Ward-84-N 3133554 Others Anjali Devi 07.11.2021 City-SP Zone, Ward-84-N 3113339 Others Mohammad Abdul 07.11.2021 City-SP Zone, Ward-84-N 1775792 Others Mohd Alam 07.11.2021 City-SP Zone, Ward-84-N 9623753 Others Anuj Kumar Srivastava 6370856 Food/ Snack with gas cylinder/ fire 07.11.2021 City-SP Zone, Ward-84-N W.P.(C) 12619/2023 Page 6 of 8

8.

In view of the foregoing, learned counsel appearing on behalf of the petitioner Association, categorically 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-84-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 the abovementioned street vendors, to vend within City-SP Zone, Ward-84-N, subject to the terms and conditions of their certificates of vending, without any let or hindrance.

10.

Needless to state that the above-mentioned vendors will be at liberty to articulate any difficulties faced by them, before the appropriate authorities, in accordance with law, in relation to the certificates of vending, insofar as it employs the expression „Others‟. 11.

These directions have been passed only in respect of those vendors, whose Certificate of Vending (COV) have been appended with the present petition.

W.P.(C) 12619/2023 Page 7 of 8

12.

No further directions are prayed for.

13.

With the above directions, the writ petition is disposed of accordingly. Pending application also stands disposed of.

14.

forthwith.

SIDDHARTH MRIDUL (JUDGE) ANISH DAYAL (JUDGE) OCTOBER 17, 2023 Aanchal W.P.(C) 12619/2023 Page 8 of 8