Compliance with the terms and conditions of the vending certificate and the relevant legal framework is crucial in permitting street vending.

JUDGMENT

Siddharth Mridul, J. (Open Court)

1. The present writ petition under Article 226 of the Constitution of India, has been instituted on behalf of the petitioner, praying as follows:

"1. The petitioner is a law abiding citizen earning her livelihood by seeling street food from her stall situated at Parda Bagh Road, Darya ganj, Delhi-110002, in Central Zone, Ward S-55, since last more than 10 years as shown in the site plan attached with ther petition.

2. That the petitioner has been an eligible vendor vide certificate/Registration no. DL/276402/221121/4053857, issued on 21/11/2022 by Town Vending Committee and was recommended for allotment of a vending site vide LOR. The town vending committee while recommending the case of petitioner for allotment of permanent vending site also recommended that the petitioner be also granted financial assistance in the form bank loans for setting up her vend.

3. That the petitioner was granted loan of Rs. 10,000/- under PMSVN on the the recommendation of the town vending committee Vide Application ID PMD11220795000 with which the petitioner has set up her food vending stall and smoothly running the same.

4. That however, since last two months the the officials of the respondents have started interfering in the running of the food vend by the petitioner and disrupts the business of petitioner by throwing the articles of the petitioner on the road. They say they will not allow the petitioner to run her business unless they are paid sufficiently.

5. That the petitioner pleaded with the officials and told them that she is a legal and authorised vendor and also showed them the letter issued by Town Vending Committee, Delhi, which is an statutory body but the officials of respondent refused to recognise.

6. That the action of the officials of respondents is highly illegal and uncalled for. The respondents have no right to interfere in the running of her business from the site mentitioned in the letter dated 21/11/2022 no DL/276402/221121/4053857 issued by Town Vending committee. The right of the petitioner to work and earn her livelihood is her fundamental right recognised by Indian Constitution.

7. That the petitioners have not filed any other or previous writ petition in respect of the subject matter of the present writ petition before the hon'ble court or before the hon'ble Supreme Court.

It is therefore, most respectfully prayed that a writ of mandamus or any other appropriate writ may kindly be issued thereby directing the respondents not to interfere in the running of her business or cause any disturbance in the functioning of her food stall from the vending site allotted to her at Central Zone, Ward-S-55, Parda Bagh Road, Daryaganj, Delhi- 110002 by Town Vending Committee vide letter dated 21/11/2022 and as shown in site plan.

Any other or further relief which ther hon'ble court may deem fit and proper in the circumstances of the case may also be granted."

2. Issue notice.

3. Ms. Ankita Sarangi, learned counsel accepts notice on behalf of the respondent No. 1/MCD and Mr. Alok Saxena, learned counsel accepts notice on behalf of the respondent Nos. 2 and 3.

4. Learned Standing Counsel appearing on behalf of the MCD, has invited our attention to the terms and conditions, permitting the petitioner to vend.

5. 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 do