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IN THE HIGH COURT OF DELHI AT NEW DELHI
Siddharth Mridul, Anish Dayal, JJ.
Mohammad Jafar - Appellant
Versus
Municipal Corporation of Delhi & Ors. - Respondents
W.P.(C) 9945 of 2023 & CM APPL. 38330 of 2023 (interim relief)
Decided On : 13-09-2023
Street Vending - Certificate of Vending - Section 3, Section 4, Section 6 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 - The court discussed the terms and conditions of the Certificate of Vending, the survey carried out by the Town Vending Committee, and the petitioner's right to vend within the specified zone in compliance with the certificate of vending. The court's decision was influenced by the provisions of Section 3 (Survey of street vendors and protection from eviction on relocation), Section 4 (Issue of certificate of vending), and Section 6 (Rights of street vendors) of the Act, ensuring the protection of the petitioner's livelihood and regulation of street vending.
Fact of the Case:
The petitioner sought a writ petition under Article 226 of the Constitution of India, 1950, to allow him to peacefully vend in accordance with the Certificate of Vending issued to him.
Finding of the Court:
The court partly allowed the writ petition, directing the Municipal Corporation of Delhi to permit the petitioner to vend within the specified zone, subject to the terms and conditions of the certificate of vending.
Issues: The issues revolved around the petitioner's right to vend in compliance with the terms and conditions of the Certificate of Vending and the survey carried out by the Town Vending Committee.
Ratio Decidendi: The court's decision was based on the petitioner's right to vend within the specified zone in compliance with the certificate of vending and the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
Final Decision: The writ petition was partly allowed, and the Municipal Corporation of Delhi was directed to permit the petitioner to vend within the specified zone, subject to the terms and conditions of 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 that the petitioner is allowed to peacefully vend on his vending site i.e., on the footpath, near Metro Station Gate N0.7, ISBT, Kashmere Gate, City-SP Zone-N-83, New Delhi 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 petitioners from peacefully vending at their vending site.
IV. Pass an order directing the respondent MCD to correct the nomenclature in the column for Type of Vendor from "Others" to "Stationary Street Vendor" as detailed in the vending certificate issued to the petitioners.
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 stationery street vendor.
VI. Pass an order directing the TVC, City SP Zone to decide the representation dated 10.07.2023 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. Mr. Divya Prakash Pande, learned Standing Counsel, accepts notice on behalf of the MCD and Mr. Mohit Bhardwaj, learned panel counsel accepts notice on behalf of the Delhi Police.
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 o
The central legal point established in the judgment is the protection of the petitioner's right to vend within the specified zone in compliance with the certificate of vending and the relevant provis....
Compliance with the terms and conditions of the certificate of vending is crucial for street vendors, and the authorities should permit vending activities in accordance with the law.
Compliance with the terms and conditions of the certificate of vending is crucial for street vendors to exercise their vending rights within specific zones.
Compliance with the terms and conditions of the certificate of vending and the right to vend within a specified zone in accordance with the law.
Compliance with the terms and conditions of the certificate of vending and the relevant provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, is cruc....
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....
The court's decision was influenced by the interpretation of the terms and conditions of the Certificate of Vending and the compliance with the Street Vendors (Protection of Livelihood and Regulation....
Compliance with the terms and conditions of the certificate of vending and the relevant provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, is cruc....
The central legal point established in the judgment is the right of the petitioner to vend within a specific zone in compliance with the terms and conditions of the certificate of vending and the law....
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