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2023 Supreme(Del) 2657
IN THE HIGH COURT OF DELHI AT NEW DELHI
Siddharth Mridul, Anish Dayal, JJ.
Parvesh Kumar – Appellant
Versus
Municipal Corporation of Delhi & Ors. – Respondents
W.P.(C) 9892 of 2023 & CM APPL. 38062 of 2023 (Interim Relief)
Decided On : 01-08-2023
Mr. Bhibhuti Bhushan Mishra, Advocate, for the Petitioner.
Ms Khushboo Nahar, Panel Counsel, for the MCD.
Mr. Mayank Kamra, Advocate, for the GNCTD.
The court's decision was influenced by the provisions of Section 19 of the Street Vendors Act, 2014 and Clause 6.8 of Street Vendors Scheme, 2019.
Headnote:
Street Vendors Act - Direction to Release Seized Goods - Section 19 of Street Vendors Act, 2014, Clause 6.8 of Street Vendors Scheme, 2019
Fact of the Case:
The petitioner sought a direction to release the goods seized by the Municipal Corporation of Delhi (MCD) under Section 151 of the Code of Civil Procedure, 1908.
Finding of the Court:
The court directed MCD to release the confiscated goods within four working days in accordance with Section 19 of the Street Vendors Act, 2014 and Clause 6.8 of Street Vendors Scheme, 2019.
Issues: Release of seized goods, interpretation of Street Vendors Act and Scheme
Ratio Decidendi: The court relied on the clear mandate of Section 19 of the Street Vendors Act, 2014 to order the release of the confiscated goods.
Final Decision: The application was disposed of with the direction to release the goods.
JUDGMENT
Siddharth Mridul, J. (Open Court)
CM APPL. 38062/2023 (seeking direction to the MCD to release the goods of the petitioner)
1. The present application under Section 151 of the Code of Civil Procedure, 1908, has been instituted on behalf of the applicant/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 Municipal Corporation of Delhi to Release the Goods seized by the MCD officials on 21.07.203 in accordance with Section 19 of Street Vendors Act, 2014 and Clause 6.8 of Street Vendors Scheme, 2019.
II. 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. In view of the solitary relief prayed for, by the applicant, in the present application; and having heard learned counsel appearing on behalf of the parties and in view of the clear mandate of the provision of Section 19 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014; Municipal Corporation of Delhi (MCD) is directed to release the subject confiscated goods, within a period of four working days from today, subject to payment of fees, as may be levied, in terms of the extent provision.
3. The application is disposed of accordingly.
W.P.(C) 9892/2023
4. 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 his vending site i.e., On open space, Near MCD Parking, under flyover, Delhi-Jaipur National Highway, Rangpuri, 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 24.07.2023 sent by the petitioner for declaring him a Stationary Street Vendor by passing a speaking order.
IV. 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.
V. 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.
5. Issue notice.
6. Ms. Khushboo Nahar, learned counsel accepts notice on behalf of the MCD and Mr. Mayak Kamra, learned counsel accepts notice on behalf of the GNCTD.
7. Learned counsel appearing on behalf of the MCD, has invited our attention to the terms and conditions, permitting the petitioner to vend.
8. 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.
