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2023 DIGILAW 3934 (DEL)

Ajit Kumar v. Govt. of NCT of Delhi

2023-07-11

GAURANG KANTH, SIDDHARTH MRIDUL

body2023
JUDGMENT Siddharth Mridul, J. (Open Court)--The present writ petition under Article 226 of the Constitution of India, 1950, has been instituted on behalf of the petitioners, praying as follows: "(a) Pass an order directing the respondents to ensure that the petitioner's Street Vendors be allowed to peacefully vend at their respective vending site i.e., at Link Road, Lal Quila, Red Fort Delhi, City-SP Zone, Ward-84-N, Delhi without any obstruction being caused by the respondent corporation and Delhi Police. (b) Pass an order directing the respondent corporation to allow the petitioners who have requisite Certificate of Vending at Annexure P-2 (colly) at pp. 100-151. In accordance with the Street Vendors Act, 2014 at Annexure P-10 at pp. 308-332, Protection of Livelihood and Regulation of street vending Rules 2017, at Annexure P-9 at pp. 289-307 and The Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme 2019 at Annexure P-10 at pp. 308-332. (c) Pass an order directing the respondent corporation to not solicit any additional amount and to not harass any street vendor who has been duly licensed to vend at the aforesaid site." 2. Issue notice. 3. Ms. Shweta Priya, learned counsel accepts notice on behalf of the respondent No. 2/Municipal Corporation of Delhi (MCD). 4. Learned 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 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. 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 petitioners, 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 petitioner, at this stage. Learned counsel appearing on behalf of the petitioners states, that he does not pray for the relief of 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 solitary relief that is prayed for, is to permit the petitioners to vend strictly, in accordance with the terms and conditions of the Certificates of Vending issued by the Municipal Corporation of Delhi to Petitioners. 7. 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 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 Ajeet Kumar 07.11.2021 City-SP Zone, Ward-84-N 7266324 Others 2 Mohd Alam 07.11.2022 City-SP Zone, Ward-84-N 2722825 Others 3 Raj Kumar Gupta 07.11.2021 City-SP Zone, Ward-84-N 2821659 Others 4 Sharif 07.11.2021 City-SP Zone, Ward-84-N 3157663 Others 5 Mohd Razi 07.11.2021 City-SP Zone, Ward-84-N 6165398 Others 6 Mohammad Khurshid 28.02.2022 City-SP Zone, Ward-84-N 8548284 Others 7 Md. Saheed 03.02.2022 City-SP Zone, Ward-84-N 2362947 Others 8 Arvind Kumar 07.11.2021 City-SP Zone, Ward-84-N 3202348 Others 9 Suresh Prasad Gupta 07.11.2021 City-SP Zone, Ward-84-N 6808781 Others 10 Ramu 07.11.2021 City-SP Zone, Ward-84-N 7265902 Others 11 Ganesh Paswan 07.11.2021 City-SP Zone, Ward-84-N 6207923 Others 12 Mohd Wazir 07.11.2021 City-SP Zone, Ward-84-N 8311601 Others 13 Sharad Chandra Jha 07.11.2021 City-SP Zone, Ward-84-N 2653235 Others 14. Mohammad Hasim 07.11.2021 City-SP Zone, Ward-84-N 3239259 Others 15 Fareed 07.11.2021 City-SP Zone, Ward-84-N 7237274 Others 16 Wahid 07.11.2021 City-SP Zone, Ward-84-N 6539163 Others 17 Mohd. Mohammad Hasim 07.11.2021 City-SP Zone, Ward-84-N 3239259 Others 15 Fareed 07.11.2021 City-SP Zone, Ward-84-N 7237274 Others 16 Wahid 07.11.2021 City-SP Zone, Ward-84-N 6539163 Others 17 Mohd. Yaseen 07.11.2021 City-SP Zone, Ward-84-N 8068376 Others 18 Rajkumari 07.11.2021 City-SP Zone, Ward-84-N 4156991 Others 19 Amit Kumar 07.11.2021 City-SP Zone, Ward-84-N 1443010 Others 20 Mohammad Nannhe 07.11.2021 City-SP Zone, Ward-84-N 8355144 Others 21 Vinod Kumar 07.11.2021 City-SP Zone, Ward-84-N 1653567 Others 22 Mohammad Naseem 07.11.2021 City-SP Zone, Ward-84-N 1533514 Others 23 Mo Samim 07.11.2021 City-SP Zone, Ward-84-N 8470264 Others 24 Ashish Kumar Saxena 07.11.2021 City-SP Zone, Ward-84-N 4098939 Others 25 Mdsultan 07.11.2021 City-SP Zone, Ward-84-N 2222856 Others 26 Mohammad Tayab Husain 07.11.2021 City-SP Zone, Ward-84-N 7800371 Others 27 Bala 07.11.2021 City-SP Zone, Ward-84-N 5218071 Others 28 Sumit Valecha 07.11.2021 City-SP Zone, Ward-84-N 9161801 Others 29 Dhanpati Singh 07.11.2021 City-SP Zone, Ward-84-N 5771871 Others 30 Poonam 07.11.2021 City-SP Zone, Ward-84-N 7455557 Fresh Fruits/Vegetables/Perishables 31 Sunil Kumar 07.11.2021 City-SP Zone, Ward-84-N 1245371 Others 32 Pradeep Kumar 07.11.2021 City-SP Zone, Ward-84-N 1141965 Food/Snacks without Gas Cylinder/Fire 33 Munakka 07.11.2021 City-SP Zone, Ward-84-N 9485267 Others 34 Mo Hafij Ansari 28.02.2022 City-SP Zone, Ward-84-N 8516233 Others 35 Mohammad Nesarul 07.11.2021 City-SP Zone, Ward-84-N 5063934 Others 36 Braghunath Gupta 28.02.2022 City-SP Zone, Ward-84-N 8623821 Others 37 Puneeshwar Prasad 07.11.2021 City-SP Zone, Ward-84-N 8197748 Others 38 Umesh Paswan 07.11.2021 City-SP Zone, Ward-84-N 1905539 Others 39 Munna Kumar 07.11.2021 City-SP Zone, Ward-84-N 7360730 Food/Snacks without Gas Cylinder/Fire 40 Ramjee 07.11.2021 City-SP Zone, Ward-84-N 5902792 Others 41 Gulam Hussain 07.11.2021 City-SP Zone, Ward-84-N 1715919 Others 42 Jahangir 07.11.2021 City-SP Zone, Ward-84-N 3812493 Others 43 Yusuf 07.11.2021 City-SP Zone, Ward-84-N 5104188 Others 44 Jayant Kumar 07.11.2021 City-SP Zone, Ward-84-N 3895389 Others 45 Md Hafij 31.01.2022 City-SP Zone, Ward-84-N 9214402 Others 46 Mehboob Hassan 07.11.2021 City-SP Zone, Ward-84-N 7270145 Others 47 Mehfooz Ali 07.11.2021 City-SP Zone, Ward-84-N 3565220 Others 48 Mehtab 07.11.2021 City-SP Zone, Ward-84-N 6914584 Others 49 Rizwana Begum 07.11.2021 City-SP Zone, Ward-84-N 7238967 Others 8. In view of the foregoing, learned counsel appearing on behalf of the petitioners, 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 certificates of vending. 9. 9. In view of the above, the present writ petition is partly allowed; and the Municipal Corporation of Delhi is directed to permit the above-mentioned street vendors, to vend within their respective zones, subject to the terms and conditions as specified in their certificates of vending, without any let or hindrance. 10. Needless to state that the petitioners falling within the category of ` Others ' 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. No further directions are prayed for. 12. With the above directions, the writ petition is disposed of accordingly. The pending application(s), if any, also stand disposed of. 13. A copy of this judgment be uploaded on the website of this Court, forthwith .