IN THE HIGH COURT OF DELHI AT NEW DELHI
Siddharth Mridul, Gaurang Kanth, JJ.
Leela Devi – Appellant
Versus
New Delhi Municipal Council & Ors. – Respondents
W.P.(C) 7320 of 2023 & CM APPL. 28491 of 2023 (for ad interim exparte
Decided On : 25-05-2023
Street Vendors - Petition for Selling and Vending of Mobile Cover Items - Street Vendors (Protection of Livelihood and Regulation of Street vending) Act 2014 - The Delhi Street Vendors (Protection of Livelihood and Regulation of Street vending) Rules 2017 - The Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and Regulation of Street vending) Scheme 2019
Fact of the Case:
The petitioner filed a writ petition under Article 226 of the Constitution of India, seeking permission to sell and vend mobile cover items on the pavement of NDMC area in accordance with the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street vending) Act 2014.
Finding of the Court:
The court directed the Town Vending Committee to consider and determine the petitioner's representation, subject to the petitioner filing the same, before the TVC in accordance with the law.
Issues: The main issue was the petitioner's request to carry out the vocation of selling and vending of mobile cover items on the pavement of NDMC area in accordance with the relevant provisions.
Ratio Decidendi: The court's decision was based on the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street vending) Act 2014, The Delhi Street Vendors (Protection of Livelihood and Regulation of Street vending) Rules 2017, and The Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and Regulation of Street vending) Scheme 2019.
Final Decision: The writ petition was disposed of with a direction to the Town Vending Committee to consider and determine the petitioner's representation.
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 petitioner, praying as follows:
"In the facts and circumstances stated herein above, it is Most Respectfully prayed that this Hon'ble Court may graciously be pleased to:
I. Pass an order directing the NDMC to allow the petitioner to carry out her vocation of selling and vending of Mobile cover items on the pavement of NDMC area i.e., At In front of D5,Near uphar, Inner Circle, Connaught Place, New Delhi110001 in accordance with the provisions of the Street Vendors (protection of Livelihood and regulation of street vending) Act 2014 without any hindrance or harassment of any sort. '
II. Pass an order directing the respondent NDMC to conduct the survey under the Street Vendors (protection of Livelihood and regulation of street vending) Act 2014 as also as mandated under, The Delhi Street Vendors (Protection of Livelihood and regulation of Street vending) Rules 2017 & The Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and regulation of Street vending) Scheme 2019 and further to provide the certificate of vending to the petitioner.
III. Pass an order directing the respondent NDMC to start and complete the survey of the street vendors in the NDMC area as mandated under the Street Vendors (protection of Livelihood and regulation of street vending) Act 2014 as also as mandated under, The Delhi Street Vendors (Protection of Livelihood and regulation of Street vending) Rules 2017&The Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and regulation of Street vending) Scheme 2019.
IV. Pass an order directing the respondents to place on record all materials/orders/communications pertaining to the Survey of the Street Vendors in the NDMC area.
V. Pass any such directions or order that this Hon'be Court deems fit and proper in the facts and circumstances of the above-mentioned case."
2. Issue notice.
3. Mr. Sri Harsha Peechara, learned Additional Standing Counsel accepts notice on behalf of respondent no. 1. Ms. Nitika Bhutani, learned counsel appearing on behalf of respondent nos. 2, 3 and 4.
4. Learned counsel appearing on behalf of the petitioner, limits the relief in the present writ petition, in relation to the prayer clause (II) (extracted herein above), of the present writ petition; and to consider the petitioner's representation, which the petitioner undertakes to file, within a week from today, before the duly constituted Town Vending Committee (TVC), and to consider the same, at the time the TVC carry out the subject survey, in accordance with law.
5. Accordingly, it is relevant to highlight that this Court, vide order dated 16.02.2023, issued certain directions to the New Delhi Municipal Council (NDMC) and GNCTD in W.P. (C) 12459/2022, titled as `Bacchu Singh Paharia Vs. New Delhi Municipal Council & Anr.'; which will extend to the present petitioner, as well, with equal force and vigour. The order dated 16.02.2023, passed in W.P. (C) 12459/2022, titled as `Bacchu Singh Paharia Vs. New Delhi Municipal Council & Anr.' is extracted herein below, in toto:
`The present writ petition under Article 226 of the Constitution of India, has been instituted on behalf of the petitioner, praying as follows:
"It is therefore, most respectfully prayed that this Hon'ble Court may be pleased to:
a) Direct the Respondent no. 1 and 2 allow the petitioner to operate at his given vending site i.e. Near Shop No.36, Sarojini Nagar Market New Delhi till the final decision taken by the Town Vending Committee after completion of Survey.
b) Issue a Writ, Order or Direction in the nature of Pass such other or further orders, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
Mr. Gautam Narayan, learned Additional Standing Counsel (Civil) appearing on behalf of the GNCTD states that the surv
The central legal point established in the judgment is the application of the legal framework provided by the Street Vendors (Protection of Livelihood and Regulation of Street vending) Act 2014 and r....
The central legal point established in the judgment is the court's authority to direct the Town Vending Committee to consider the petitioner's case during the survey in accordance with the relevant l....
The central legal point established in the judgment is the requirement for the Town Vending Committee to conduct a survey in accordance with the relevant street vending laws.
The central legal point established in the judgment is the court's authority to direct the Town Vending Committee to consider the petitioner's case during the survey in accordance with the relevant l....
The central legal point established in the judgment is the court's authority to direct the Town Vending Committee to consider the petitioner's case during the survey in accordance with the relevant l....
The central legal point established in the judgment is the requirement for the Town Vending Committee to determine the petitioner's representation in accordance with the law.
The central legal point established in the judgment is the obligation of the Town Vending Committee to conduct a survey and issue a certificate of vending in accordance with the provisions of the Str....
The central legal point established in the judgment is the obligation of the Town Vending Committee to consider the petitioner's case during the survey in accordance with the law.
The central legal point established is the court's power to issue a writ of mandamus to enforce the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 20....
The central legal point established in the judgment is the court's authority to issue a writ of mandamus and the application of the provisions of the Street Vendors Act and related rules in protectin....
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