2023 Supreme(Del) 4300
IN THE HIGH COURT OF DELHI AT NEW DELHI
Siddharth Mridul, Talwant Singh, JJ.
Sunil Chauhan & Ors. – Appellants
Versus
Municipal Corporation of Delhi & Ors. – Respondents
W.P.(C) 7239 of 2023
Decided On : 24-05-2023
Mr. Sanjay Baniwal, Ms. Manisha Baniwal and Mr. Bhupinder Singh, Advocates, for the Petitioners.
Ms. Tajinder Virdi, Standing Counsel with Ms. Kaavini and Ms. Sakshi Tiwari, Advocates, for the Respondent-1/MCD.
Mr. Abhinav Singh, Advocate, for the Respondent-2 & 3.
The central legal point established in the judgment is the protection of street vendors and the importance of complying with the terms and conditions of certificates of vending as mandated by the Street Vendors Act.
Headnote:
Certificates of Vending - Street Vendors - The court allowed the petitioners to continue vending within South Zone, Ward-S-66, subject to the terms and conditions specified in their certificates of vending.
Fact of the Case:
The petitioners sought a direction to the Municipal Corporation of Delhi to permit them to continue vending within South Zone, Ward-S-66, in compliance with the terms and conditions of their certificates of vending and in accordance with the law.
Finding of the Court:
The court allowed the petitioners to vend within South Zone, Ward-S-66, subject to the terms and conditions specified in their certificates of vending, without any let or hindrance.
Issues: The main issue was whether the petitioners should be permitted to continue vending within the specified zone in compliance with the terms and conditions of their certificates of vending.
Ratio Decidendi: The court's decision was influenced by the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, which mandates the protection of street vendors and the issuance of certificates of vending.
Final Decision: The court allowed the petitioners to vend within South Zone, Ward-S-66, subject to the terms and conditions specified in their certificates of vending, without any let or hindrance.
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.
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/Vegetabl |