The central legal point established in the judgment is the interpretation and application of the Certificate of Vending and the relevant provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014.

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:

"In view of the above, it is most respectfully prayed that this Hon'ble Court may be graciously be pleased to:

(a) Issue writ of Mandamus or any other appropriate writ or order directing the Respondent No.2 and 3 not to dispossess or obstruct or disturb the Petitioner in carrying of his small food stall in Shahdara South Zone, Ward-21E at Footpath, Near Budh Bazar, Kashyap Mohalla, Gandhi Nagar, Delhi in terms of section 3(3) 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; and

(b) Pass any other order or directions in favour of the petitioner which this Hon'ble Court may deem fit and proper, keeping in view overall facts and circumstances and also in the interest of justice."

2. Issue notice.

3. Mr. Nipun Katyal, learned counsel accepts notice on behalf of the respondent Nos. 1 and 3. Ms. Puja Kalra, learned Standing Counsel accepts notice on behalf of the respondent No. 2/MCD.

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 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. In terms of the Certificate of Vending issued to the petitioner, it is clearly stipulated that he cannot vend from any particular location, contrary to the express terms of Clause no. `11', of the said Certificate of Vending. It is further observed that since the Town Vending Committee (TVC) is yet to fix a time limit, providing for a period, during which a vendor can vend from any particular spot, the stipulation of 30 minutes time, contained in the said clause, is binding on the petitioner, at this stage. Learned counsel appearing on behalf of the petitioner