The central legal point established in the judgment is the interpretation of the terms and conditions of the Certificate of Vending and the petitioner's rights under the Street Vendors (Protection Of Livelihood And Regulation Of Street Vending) Act 2014 and related rules and schemes.

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 circumstances mentioned hereinabove, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:

(i) Issue a Writ of Mandamus or any other appropriate writ or order directing the Respondents to take immediate, suitable and necessary steps to ensure that the rights of the7 Petitioner under the Certificate of Vending dated 06.11.2021 are not violated by any person including but not limited to the Respondent No.3 and further pass suitable directions to the Respondents to not dispossess or obstruct or disturb the petitioner in carrying of business of selling clothing garments from a small vending site situated at M-73, Inder Mohan Bhardwaj Marg, M-Block, Greatr Kailash-1 falling under South Zone, Ward-86 in Terms of the Certificate of Stret vending and Section 3(3) of The Street Vendors (Protection Of Livelihood And Regulation Of Street Vending) Act 20 14 as well as The Delhi Street Vendors (Protection of Livelihood And Regulation Of Street Vending) Rules, 2017 and The Government of National Capital Territory Of Delhi Street Vendors (Protection of Livelihood And Regulation of Street Vending) Scheme, 2019.; and

(ii) Pass such order(s) as this Hon'ble Court may deem and proper in the facts and circumstances of the case.'

2. Issue notice.

3. Mr. Divya Prakash Pande, learned Standing Counsel, accepts notice on behalf of the MCD/ respondent no. 1, Mr. Karan Bhardwaj, learned Additional Standing Counsel accepts notice on behalf of the GNCTD/ respondent no. 2, and Mr. Akshat Choudhary, learned counsel accepts notice on behalf of Mrs. Dimple Bhalla/ respondent no. 3.

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 Certificate of Vending issued to the petitioner, it is clearly stipulated that he cannot vend from any particular loca