The central legal point established in the judgment is the need to balance the rights of street vendors with the regulation of street vending, as provided for in the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

S. RAVINDRA BHAT, J.

1. The third-party review applicant seeks recall and modification of the judgment of this court delivered, while disposing of a batch of letters patent appeals. Those appeals had questioned the decisions of a single judge, which dismissed their writ petitions. The third-party applicant contends that the judgment in question operates in rem and has serious public repercussions, due to which it is essential for the court to take corrective action.

2. The background in which the writ petitions were preferred was that individuals approached this court, articulating the grievance that as street vendors, they were subjected to the whims of the municipal authorities and the police, inasmuch as they lived under daily threat of removal from their places of livelihood, despite the fact that they had carried on business and the vocation of street vending for several years- and, in several cases-several decades. It was contended that the enactment of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereafter called "the Act") was meant to provide a protective cover to all existing street vendors and provide a statutory guarantee against eviction, till mechanisms were set up to ensure proper survey of the places occupied by them, determine the appropriate places suitable for vending, and the process of allotment of licenses was completed.

3. After hearing parties and considering their submissions, this court disposed of the appeals, in terms of the following directions:

“26. In view of the above discussion, the following directions are issued: -

(1) The concerned TVC exercising jurisdiction over NDMC areas shall proceed to conduct the survey in accordance with the Scheme, i.e., with respect to identification of specific sites/spaces and complete it within two months from today.

(2) All pre-existing "right holders"-now defined as street vendors (whether called as tehbazari licensees etc.) shall not be disturbed except to the extent that the TVC determines that space or place occupied by them is prima facie not in accordance with paragraph 2.1.17 - 2.1.22.

(3) In case the TVC is of the opinion that any street vendor in terms of the above directions has to be displaced, the principle of "last come first go", i.e., chronological seniority shall be followed.

(4) The task of compiling the eligible applicants shall be first preceded by an appropriate advertisement and thereafter proceed to allot the specific or particular space to the street vendors, in terms of the Act, Rules or Scheme.

(5) The authorities are at liberty to ensure that the walk way in all the NDMC areas shall be in conformity with the paragraph 2.1.22, i.e., two meter width on the footpath would be left. At the same time, while removing or evicting any existing street vendor, the NDMC shall also ensure that the principle of seniority - referred to earlier LPAs-136, 233, 256, 281, 286, 291, 292, 245, 303, 305, 310, 312 & 315/2016 Page 21 in terms of rights of existing holders is maintained. If no document or evidence of long use exists, it is open to the NDMC to remove those obstructing such footpath or way.

27. All these appeals and accompanying applications are accordingly disposed of in the above terms; this judgment would stand substituted in place of the orders of the single judges. No costs.”

4. It is contended by the review applicant that contrary to the observations and premise of the judgment of this court (under review)–which held that the Act contemplates a two-stage survey, in fact the law provides for a single-stage survey, followed by determination of areas, earmarking of spaces or areas for vending zones, etc. as a subsequent stage. It is stated that the Act contemplates a single-stage Survey under Section 3(1),of all existing street vendors to be conducted by the Town Vending Committee (TVC), defined in Section 2(m), constituted under Section 22 of the Act and the subsequent survey to be carried out ever