Ram Milan And Another v. Municipal Corporation Of Delhi And Others

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11183/2024 CM APPL. 46243/2024 CM APPL. 46244/2024 RAM MILAN AND ANOTHER .....Petitioners Through:

Mr. Abhishek Saxena, Mr. Singh Nishant Sanjay Kumar, Mr. Vaibhav Patel, Mr. Saurav Dewal, Mr. Munish and Ms. Kamini, Advs.

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

Mr. Raghavendra Upadhyay, Panel Counsel along with Ms. Purnima Jain, Mr. Vaibhav Tripathi, Advs. for R-1.

Mr. Umakant Mishra, Adv. for MCD.

Mr. Kavindra Gill, SPC for UOI.

Ms. Vaishali Gupta, Panel Counsel (Civil), GNCTD for R-2 and 3.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 13.08.2024 1.

Issue notice.

2.

The learned counsel for the respondents accept notice. 3.

The petitioners claim that they are street vendors and have filed the present petition, inter alia, praying that they be permitted to vend from their vending site described as 'Near the gate of Central Park towards the road going to Rupa Dairy, situated at Shahdara South Zone, Ward 21-E'. 4.

The petitioners claim that they are vending food/snacks from the said vending site. They have also been issued Certificates of Vending (hereafter COVs), which reflects their area of vending as Shahdara South Zone, WardThe authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

21E.

5.

The petitioners are, essentially, aggrieved by the condition of their COV which requires mobile vendors not to carry on vending activities from a fixed place for more than 30 minutes or such time as may be prescribed by Town Vending Committee (TVC).

6.

The petitioners contend that it is not feasible for them to relocate every 30 minutes and have made representations to the Municipal Corporation of Delhi (MCD) as well as to the TVC. 7.

This Court is informed that at the current stage the COVs issued to the street vendors are interim COVs and the final COVs - which would record the classification of the street vendors in terms of Section 6 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 - would be issued by the second TVC in conformity with the vending plan.

8.

It is stated that since at the present stage no place has been allocated to the petitioners, the petitioners are required to be considered as mobile vendors.

9.

The learned counsel for the petitioners submits that the petitioners would be satisfied if directions are issued to restrain the respondents from disturbing/obstructing the petitioners in carrying on vending activities in accordance with their COVs and a further direction is issued for consideration of their representations at an appropriate stage. 10.

The learned counsel for the respondents have no objection to the above relief.

11.

In view of the above, we direct that the petitioners shall not be disturbed or obstructed from carrying on their vending activities, subject to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the same being done strictly in accordance with law and in terms of their COVs.

12.

We also direct that the petitioners' representations be considered at an appropriate stage.

13.

The petition is disposed of in the aforesaid terms. 14.

All pending applications also stand disposed of. VIBHU BAKHRU, J SACHIN DATTA, J AUGUST 13, 2024/cl The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.