The judgment emphasizes the importance of compliance with vending regulations, the prohibition of encroachment on public land, and the prioritization of public safety and security in street vending activities.

G.S. SISTANI, J.

1. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following directions:

(a) Issue an appropriate writ/order/direction to restrain the respondent no.1, South Delhi Municipal Corporation from illegal eviction of the petitioner from the site Ground Floor, C-518, Opposite Market No.1, CR Park, New Delhi-110019.

(b) Issue an appropriate writ/order/direction to restrain the respondent no.3, Delhi Police from illegal eviction of the petitioner from the site Ground Floor, C-518, Opposite Market No.1, CR Park, New Delhi-110019.

(c) Issue an appropriate writ of mandamus to Respondent No.1 to conduct survey of the street vendors in terms of the provision of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2015 within a time bound manner.

(d) Issue an appropriate writ of mandamus to Respondent no.1 to identify and declare areas/zones/ward as vending zone or no vending zone in terms of the provision of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 after the completion of survey as sought in the aforesaid prayer (c).

(e) Issue an appropriate writ of mandamus to Respondent No.3 warranting the authority under which the impugned action of evicting the petitioner has been undertaken.

(f) Grant ad interim ex-parte relief to the petitioner till the complete implementation of the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

2. The brief facts of the case are that the petitioner claims to be a regular street vendor and is stated to have been vending at the site situated on the ground floor of House No.C-518, Opposite Market No.1, C.R. Park, New Delhi - 110019. The petitioner has been engaged in vending tea and light snacks by the name ‘Rajus the Singing Tree’. The petitioner also claims that he is registered under the Delhi Shops and Establishment Act, 1954 and the Food Safety and Standards Act, 2006. He further claims that he has a valid electricity and water connections with meters provided by the BSES Rajdhani Power Limited and the Delhi Jal Board respectively. He has also obtained a commercial gas connection of Indian Oil Corporation Limited.

3. Learned counsel for the petitioner submits that complaint of the petitioner is that he has been illegally removed by the Delhi Police without any order. Counsel further submits that the petitioner is not obstructing free movement on the streets/pavements of the pedestrians and free flow of traffic in any manner. Counsel for the petitioner has relied upon a certificate dated 12.04.2009, issued by Ms. Sandhya Banerjee, photocopy of which has been filed at page 94 of the paper book, in support of his contention that the owner of the house, Ms. Sandhya Banerjee, has in fact granted protection to the petitioner by allowing him to squat outside her aforestated house. Counsel, thus, submits that the action of the respondent/SDMC is arbitrary, preposterous, unreasonable and liable to be struck down; and the prayer made by the petitioner to allow him to vend at the area in question should be allowed.

4. Mr.Mukesh Gupta, learned standing counsel appearing for the South Delhi Municipal Corporation, submits that the basis of the petition that the petitioner has been granted protection by the owner of the House no.C-518, Chittaranjan Park, New Delhi, is false, unfounded and misleading. Counsel further submits that the certificate dated 12.04.2009, sought to be relied upon by the petitioner, simply suggests that the petitioner is known to the owner of the aforestated property i.e. C-518, Opposite Market No.1, CR Park, New Delhi, and he has been regularly helping her in doing part time house hold jobs since her husband expired on 08th April, 2008 and he is a