Compliance with the terms and conditions of the vending certificate and the provisions of the Street Vendors Act is crucial in determining the right to vend at a specific location.

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 allow the petitioner street vendor to peacefully vend in terms of vending Certificate issued by the Municipal Corporation of Delhi after conducting the survey of the petitioner.

II. Pass an order directing the respondents to allow the petitioner street vendor to peacefully vend at her vending site i.e., On the footpath, near exit gate, Boundary Wall, Old Delhi Railway Station, City SP Zone, Ward-84, New Delhi without any Let or hindrance being caused by any public official.

III. Pass an order directing the respondent no. 2 to decide the representation dated 25.07.2023 sent by the petitioner for declaring her a Stationary Street Vendor by passing a speaking order.

IV. Pass an order directing the SHO, PS Kotwali to ensure that the petitioner street vendor shall not be forcefully and illegally removed from her vending site.

V. 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.

VI. 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. Ms. Puja Kalra, learned Standing Counsel accepts notice on behalf of the MCD and Mr. Abhinav Garg, learned counsel accepts notice on behalf of the GNCTD.

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 Certificates of Vending issued to the petitioner, it is clearly stipulated that she cannot vend from any particu