The court upheld the petitioner's right to vend within the designated zone as per the terms and conditions of the certificate of vending and Section 20 of THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014.

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: `In the facts and circumstances stated herein above, it is Most Respectfully prayed that this Hon'ble Court may graciously be pleased to:

I. Pass an Order directing the respondents to ensure that that the petitioner is allowed to peacefully vend on his vending site i.e., On the footpath, Service Lane, Nelson Mandela Marg, Opposite International Craft Complex, Vasant Kunj, South Zone, Ward-S-69, New Delhi without any hindrance being caused by any public official.

II. Pass an order directing the respondents, their officials, their agents etc. be restrained from harassing-dislocating-removing the petitioners from peacefully vending at his vending site.

III. Pass an order directing the SHO, PS Vasant Kunj to ensure that the petitioner street vendor shall not be forcefully and illegally removed from his vending site.

IV. Pass an order directing the respondent MCD to correct/rectify the nomenclature in the column for Type of Vendor to "Stationary Street Vendor" in addition to "Food/Snack with gas Cylinder fire" as detailed in the vending certificate issued to the petitioners.

V. Pass an order for quashing and setting aside the terms of certificate of vending printed at the back side of the vending certificate to the extent which is not applicable to a stationary street vendor.

VI. Pass an order directing the respondent no. 2 to decide the representation dated 11.07.2023 sent to the TVC by passing a speaking order.

VII. Pass an order directing the respondent Government of NCT of Delhi to comply and effectuate the provisions of Section 20 of THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014 and make the Dispute Redressal Committee Functional within a stipulated time period.

VIII. Pass any such directions or order that this Hon'ble Court deems fit and proper in the facts and circumstances of the above-mentioned case.'

2. Issue notice.

3. Mr. Raghvendra Upadhyay, learned counsel accepts notice on behalf of the MCD and Mr. Abhinav Garg, learned counsel accepts notice on behalf of the GNCTD.

4. Learned 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