Research › Search › Judgment

Delhi High Court · body

2023 DIGILAW 3255 (DEL)

Sunil Chauhan v. Municipal Corporation of Delhi

2023-05-24

SIDDHARTH MRIDUL, TALWANT SINGH

body2023
JUDGMENT Siddharth Mridul, J. (Open Court)--The present writ petition under Article 226 of the Constitution of India, has been instituted on behalf of the petitioners, praying as follows: "I. Pass an order directing the respondents not to disturb the petitioners operation of vending/hawking unit at South Zone, Ward-S-66 of the petitioners in reference/compliance of the Certificates of Vending (COV) issued by the respondents; II. 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." 2. Issue notice. 3. Ms. Tajinder Virdi, learned Standing Counsel, accepts notice on behalf of the respondent No. 1/Municipal Corporation of Delhi (MCD) and Mr. Abhinav Singh, learned counsel accepts notice on behalf of the respondent No.2 and 3. 4. Learned Standing Counsel appearing on behalf of the MCD, has handed-up in the Court today, the terms and conditions, permitting the petitioners to vend. 5. Let the same be taken on the record. For the sake of completeness, the said terms and conditions attached to the Certificates 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. 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. 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. 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 following petitioners have been issued certificates of vending, which are annexed as Annexure P-2 , to the present writ petition. S.NO. NAME OF THE STREET VENDORS DATE OF ISSUE OF VENDING CERTIFICATE PLACE OF VENDING VENDING CERTIFICATE (URI) CATEGORY OF THE COV ISSUED 1 Mr. Sunil Chauhan 06.11.2021 South Zone, Ward-S-66 2935380 Fresh fruits/Vegetables/Perishables 2 Mr. Uttam 09.03.2022 South Zone, Ward-S-66 3698042 Fresh fruits/Vegetables/Perishables 3 Mr. Maan Singh 06.11.2021 South Zone, Ward-S-66 9279910 Fresh fruits/Vegetables/Perishables 4 Ms. Maya Devi 06.11.2021 South Zone, Ward-S-66 3330684 Fresh fruits/Vegetables/Perishables 5 Mr. Ravi Kumar 06.11.2021 South Zone, Ward-S-66 5229951 Fresh fruits/Vegetables/Perishables 6 Mr. Baban 06.11.2021 South Zone, Ward-S-66 2934761 Fresh fruits/Vegetables/Perishables 7. In view of the foregoing, learned counsel appearing on behalf of the petitioners, seeks a solitary relief in the present writ petition, i.e. a direction to the Municipal Corporation of Delhi, to permit the petitioners to continue to vend within South Zone, Ward-S-66 , strictly and scrupulously in compliance with the terms and conditions of the said certificates of vending and in accordance with law. 8. 8. In view of the above, the present writ petition is allowed; and the Municipal Corporation of Delhi is directed to permit the petitioners to vend within South Zone, Ward-S-66 , subject to the terms and conditions as specified in their certificates of vending, without any let or hindrance. 9. No further directions are prayed for. 10. With the above directions, the writ petition is disposed of accordingly. 11. A copy of this judgment be uploaded on the website of this Court forthwith .