The central legal point established in the judgment is the interpretation and application of the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, particularly in relation to the restrictions on vending activities imposed by the Certificate of Vending.

JUDGMENT

Siddharth Mridul, J. (Open Court)

1. The present writ petition under Article 226 of the Constitution of India, 1950, 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 the Certificate of Vending issued to him.

II. Pass an Order directing the respondents to ensure that the petitioner is allowed to peacefully vend on his vending site i.e., On the Footpath, Near Old Delhi Railway Station, S.P.M Marg, City- SP Zone, ward-84-N without any hindrance being caused by any public official.

III. Pass an order directing the respondents, their officials, their agents etc. be restrained from harassing the petitioner from peacefully vending at his vending site.

IV. Pass an order directing the respondent MCD to correct the nomenclature in the column for Type of Vendor from "Fresh Fruits/Vegetable/perishables" to "Stationary Street Vendor" (in view of the Section 6 of the Act) as detailed in the vending certificate issued to the petitioner.

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 TVC, City SP Zone to decide the representation dated 10.08.2023 made by the petitioner for declaring him as a Stationary Street Vendor in terms of the Section 6 of the Act.

VII. 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.

AND FOR THIS 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. Mohit Bhardwaj, 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 (P