IN THE HIGH COURT OF DELHI AT NEW DELHI
Siddharth Mridul, Talwant Singh, JJ.
Kanchan – Appellant
Versus
Government of NCT of Delhi & Ors. – Respondents
W.P.(C) 7911 of 2023& CM APPL. 30526 of 2023 (for direction)
Decided On : 31-05-2023
Mandamus - Street Vendors - The court partly allowed the writ petition and directed the Town Vending Committee to consider the petitioner's representation in accordance with the law during the conduct of the current survey.
Fact of the Case:
The petitioner filed a writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus or any other appropriate writ to prevent dispossessing or obstructing the petitioner's trade and to conduct a survey for issuing a vending certificate.
Finding of the Court:
The court partly allowed the writ petition and directed the Town Vending Committee to consider the petitioner's representation in accordance with the law during the conduct of the current survey.
Issues: The issues involved the petitioner's request to prevent dispossessing or obstructing the trade and to conduct a survey for issuing a vending certificate.
Ratio Decidendi: The court's decision was influenced by 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 court partly allowed the writ petition and directed the Town Vending Committee to consider the petitioner's representation in accordance with the law during the conduct of the current survey.
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:
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to issue a writ of mandamus or any other appropriate writ, or direction:
A. Direct the Respondents not to dispossess or obstruct or disturb the Petitioners in carrying on her trade from her site i.e. Gujrati Market, Janpath, New Delhi-1 10001, in terms of section 3(3) of the street vendors {Protection of Livelihood and Regulation of Street Vending} Act 2014 and;
B. Direct the Respondents/Town Vending Committee to conduct the survey of the Petitioner within time bound manner and to issue certificate of vending in favour of the Petitioner as per the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014.
Any other relief which this Hon'ble Court may deem fit and proper, may be granted in favour of the Petitioner, keeping in view overall facts and circumstances and also in the interest of justice."
2. Issue notice.
3. Ms. Rachita Garg, learned counsel accepts notice on behalf of the respondent No. 1 and 3/GNCTD. Mr. Sri Harsha Peechara, learned Standing Counsel accepts notice on behalf of the NDMC/Respondent no. 2.
4. Mr. Ram Narayan Singh, learned counsel appearing on behalf of the petitioner, limits the relief to a direction to the Town Vending Committee (TVC), to consider the petitioner's representation dated 25.05.2023, annexed as Annexure P-5 to the present writ petition, in accordance with law, expeditiously.
5. Learned counsel appearing on behalf of the GNCTD states that the survey to be conducted by the duly constituted Town Vending Committee, shall commence forthwith, in accordance with the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014, as well as, 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.
6. Learned counsel appearing on behalf of the NDMC states, that they shall render assistance, as may be required by the GNCTD, in this behalf.
7. Directed accordingly.
8. No further relief is prayed for.
9. In view of the foregoing, the present writ petition is partly allowed, and disposed of with a direction to the Town Vending Committee, to consider the petitioner's representation dated 25.05.2023, in accordance with law, during the conduct of the current survey.
10. The pending application also stands disposed of.
11. A copy of this judgment be uploaded on the website of this Court.
The court's decision was based on the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 and related regulations.
The central legal point established in the judgment is the protection of livelihood and regulation of street vending under the Street Vendors (Protection of Livelihood and Regulation of Street Vendin....
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 (Protection of Livelihood and Regu....
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....
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 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 court's decision emphasized the importance of addressing the petitioner's representation in accordance with the law and the provisions of the Street Vendors Act.
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