Compliance with the terms and conditions of certificates of vending and the limitations imposed by the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 is crucial for street vendors' vending activities.

JUDGMENT

Siddharth Mridul, J. (Open Court)

CM APPL. 41834/2023 (Exemption) & CM APPL. 41835/2023 (Exemption)

Exemptions allowed, subject to just exceptions.

The applications are disposed of accordingly.

W.P.(C) 10796/2023

1. The present writ petition under Article 226 of the Constitution of India, 1950, has been instituted on behalf of the petitioners, praying as follows:

It is most respectfully prayed that this Hon'ble Court may be pleased to:

a) Issue an appropriate Writ of mandamus or any other appropriate writ, order or directions thereby directing the respondents to ensure that the petitioners Street Vendors be allowed to peacefully vend in terms of the vending certificate issued to them, on their vending sites i.e., in Old Lajpat Rai Market, City-SP Zone, Ward-84-N, More Sarai Road and Deewan Hall Road, Delhi-110006 without any hindrance being caused by any public official;

b) Issue an appropriate Writ of mandamus or any other appropriate writ, order or directions thereby directing the SHO, PS Kotwali to ensure that the street vendors of the petitioner association shall not be forcefully removed from their vending site;

c) Issue an appropriate Writ of mandamus or any other appropriate writ, order or directions thereby directing the respondents, their officials, their agents etc. be restrained from harassing the petitioners from peacefully vending at their vending sites even in the future;

d) Issue an appropriate Writ of mandamus or any other appropriate writ, order or directions thereby directing the respondent MCD to rectify the certificates of the Petitioners to `Stationery street vendors' as details in the vending certificate issued to the petitioners.

e) 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 the stationary vendors;

f) Pass such other or further order(s) as this Hon'ble Court deems fit under the facts and circumstances of the case.

AND FOR THE ACT OF KINDNESS THE PETITIONERS ARE DUTY

BOUND SHALL EVER PRAY

2. Issue notice.

3. Ms. Tajinder Virdi, learned Standing Counsel, accepts notice on behalf of the MCD and Mr. Laksh Khanna, 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 petitioners to vend.

5. For the sake of completeness, the said terms and conditions attached to the Certificates 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 k