The central legal point established in the judgment is the interpretation and application of the terms and conditions of the vending certificate issued under the Street Vendors Act, particularly Clause 11.

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:

"(a) Protect the Petitioner herein and his two shops (Redies) from Respondent No.3 by issuing a writ, order, or direction of similar nature;

(b) Restrain Respondent No.3 from harassing, intimidating and harming the Petitioner and his two shops (Redies) by issuing a writ, order, or direction of similar nature;

(c) Restrain the Respondents from taking any coercive action against the Petitioner because of the institution of the present proceedings by issuing a writ, order, or direction of similar nature;

(d) Direct Respondent No.4 and 2 to initiate appropriate action against Respondent No.3 by issuing a writ, order, or direction of similar nature;"

2. Issue notice.

3. Mr. Virendra Singh, learned Standing Counsel accepts notice on behalf of the MCD and Mr. Abhinav Garg, learned Standing Counsel accepts notice on behalf of the GNCTD.

4. Learned Standing Counsel appearing on behalf of the MCD, has handed over 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 states, that he does not pray for the relief of running his business from any particular vending site, within the zone where he has been permitted to vend by the Municipal Corporation of Delhi, and further, the solitary relief that is prayed for, is to permit the petitioner to vend strictly, in accordance with the terms and conditions of the Certificate of Vendin