Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3388

IN THE HIGH COURT OF DELHI AT NEW DELHI
Siddharth Mridul, Anish Dayal, JJ.
Poonam & Ors. – Appellants
Versus
GNCTD And Other – Respondent
W.P.(C) 9290 of 2023
Decided On : 19-07-2023

Advocates appeared:
Ms. Kawalpreet Kaur and Ms. Sumayya Khatoon, Advocates, for the Petitioners.
Ms. Neeru Vaid, Standing Counsel for Respondent No. 2/MCD.

The main legal point established in the judgment is the court's interpretation and application of the terms and conditions of the vending certificate, particularly Clause 11, and the relevant provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

Headnote:
Street Vendors - Municipal Corporation of Delhi - Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, Section 3, Section 4, Clause 11 - The court directed the Municipal Corporation of Delhi to permit the petitioner to continue vending within a specific zone, subject to the terms and conditions of the vending certificate, particularly Clause 11, and in accordance with the law.
Fact of the Case:

The petitioner filed a writ petition seeking orders to allow street vendors to vend at their respective sites without obstruction, and to not solicit additional amounts or harass duly licensed street vendors. The court allowed the petition partly, directing the Municipal Corporation of Delhi to permit the petitioner to continue vending within a specific zone, subject to the terms and conditions of the vending certificate.
Finding of the Court:

The court found that the petitioner's relief was limited to vending within a specific zone in compliance with the terms and conditions of the vending certificate and in accordance with the law. The court also noted that the relief sought was not for running the business from any particular vending site within the zone.
Issues: The main issue was the petitioner's request for permission to vend without obstruction and in compliance with the terms and conditions of the vending certificate.
Ratio Decidendi: The court's decision was based on the limitations and stipulations outlined in the vending certificate, particularly Clause 11, and in accordance with the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, Section 3 and Section 4.
Final Decision: The court partly allowed the petition and directed the Municipal Corporation of Delhi to permit the petitioner to continue vending within a specific zone, subject to the terms and conditions of the vending certificate and in accordance with the law.

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:

"a) Pass an order directing the respondents to ensure that the petitioner's Street Vendors be allowed to peacefully vend at their respective vending site i.e., at Link Road, Lal Quila, Red Fort Delhi, City-SP Zone, Ward -84-N, Delhi without any obstruction being caused by the respondent corporation and Delhi Police.

b) Pass an order directing the respondent corporation to allow the petitioners who have requisite Certificate of Vending at Annexure P-2 (colly) at pp.91-109 and The Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme 2019 at Annexure P- 10 (colly) at pp 110-134.

c) Pass an order directing the respondent corporation to not solicit any additional amount and to not harass any street vendor who has been duly licensed to vend at the aforesaid site.

d) Pass such further order(s) and/or direction(s) as this Hon'ble Court may deem fit and proper in the interest of justice in favour of the Petitioner."

2. Issue notice.

3. Ms. Neeru Vaid, learned Standing Counsel accepts notice on behalf of the MCD/Respondent No. 2 and fairly does not oppose the present application.

4. In view of the circumstance that petitioner Nos. 2 and 3 are not similarly situated as petitioner No. 1, an application bearing No. CM APPL. 35733/2023 was moved praying for deletion of petitioner Nos. 2 and 3 from array of the parties in present petition. Accordingly, the present application is allowed and resultantly, petitioner Nos. 2 and 3 are deleted from the array of the parties. The amended Memo of Parties is taken on record.

5. Learned Standing Counsel appearing on behalf of the MCD, has handed over the terms and conditions, permitting the petitioner to vend.

6. 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."

7. 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 expres

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