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IN THE HIGH COURT OF DELHI
Siddharth Mridul, Amit Sharma, JJ.
Rekha Devi - Appellant
Versus
State Govt. of NCT of Delhi - Respondent
W.P.(C) 7189 of 2022 & CM Appl. 22032 of 2022 (Exemption) W.P.(C) 7190 of 2022 & CM Appl. 22033 of 2022 (Exemption) and W.P.(C) 4002 of 2022
Decided On : 19-07-2022
| Table of Content |
|---|
| 1. hearing of similar writ petitions (Para 1 , 2 , 3) |
| 2. entitlement of tvc members to allowances (Para 4) |
| 3. provisions for tvc allowances in law (Para 5 , 6 , 7 , 8 , 9) |
| 4. responsibility for payment of allowances (Para 10) |
| 5. direction to fix allowances as per law (Para 11) |
| 6. partly allowing the writ petitions (Para 12 , 13) |
JUDGMENT
Siddharth Mridul, J. (Open court)
CM APPL. 22032/2022 (Exemption) in W.P.(C) 7189/2022
CM APPL. 22033/2022 (Exemption) in W.P.(C) 7190/2022
Exemption allowed subject to all just exceptions.
The applications stand disposed of.
W.P.(C) 7189/2022, W.P.(C) 7190/2022 & W.P.(C) 4002/2022
1. With the consent of learned counsel appearing on behalf of the parties, these writ petitions have been heard finally and are being disposed of by this common order.
2. We have heard learned counsel appearing on behalf of the parties and perused the pleadings on the record.
3. These similar writ petitions under Article 226 of the Constitution of India, have been instituted by duly appointed members of the Town Vending Committee (hereinafter "TVC") by the Municipal Corporation.
4. The solitary relief canvassed before us, is to the effect that, as duly appointed members of the TVC, the petitioners, are entitled to receive such allowances as may be prescribed, in accordance with law.
5. The provision of Section 22 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 ("SV Act"), dealing with the appointment and terms and conditions of service of members nominated to the TVC, stipulates as follows:
"22. Town Vending Committee
(1) The appropriate Government may, by rules made in this behalf, provide for the term and the manner of constituting a Town Vending Committee in each local authority:
PROVIDED that the appropriate Government may, if considers necessary, provide for constitution of more than one Town Vending Committee, or a Town Vending Committee for each zone or ward, in each local authority.
(2) Each Town Vending Committee shall consist of:
(a) Municipal Commissioner or Chief Executive Officer, as the case may be, who shall be the Chairperson; and
(b) such member of other members as may be prescribed, to be nominated by the appropriate Government, representing the local authority, medical officer of the local authority, the planning authority, traffic police, police, association of street vendors, market associations, traders associations, non-governmental organizations, community based organizations, resident welfare associations, banks and such other interests as it deems proper;
(c) the number of members nominated to represent the non-governmental organizations and the community based organizations shall not be less than ten per cent;
(d) the number of members representing the street vendors shall not be less than forty per cent who shall be elected by the street vendors themselves in such manner as may be prescribed:
PROVIDED that one-third of members representing the street vendors shall be from amongst women vendors:
PROVIDED FURTHER that due representation shall be given to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, minorities and persons with disabilities from amongst the members representing street vendors.
(3) The Chairperson and the members nominated under sub-section (2) shall receive such allowances as may be "prescribed" by the appropriate Government."
6. It is observed that, Section 2(h) of the Act defines "prescribed" as:
(h) "prescribed" means prescribed by rules made under this Act by the appropriate Government;
7. It is an admitted position that, pursuant to coming into force of the said Act, the appropriate Government i.e. the Government of National Capital Territory of Delhi, has enacted Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2017 (hereinafter referred to as the `said Rules'), providing for protection of livelihood and regulation of street vending w.e.f. 11
Members of the Town Vending Committee not holding offices of profit are entitled to prescribed allowances determined by the appropriate Local Authority as per the relevant Act and Rules.
Nomination to Town Vending Committees does not confer a perpetual legal right to membership; reconstitution does not necessitate prior procedure under the Rules.
The court's decision emphasized the importance of addressing the petitioner's representation in accordance with the law and the provisions of the Street Vendors Act.
Gazette notification mandatory under Rule 12 for Town Vending Committee elections; non-compliance quashes proceedings.
The central legal point established in the judgment is the requirement for the Town Vending Committee to determine the petitioner's representation in accordance with the law.
The central legal point established in the judgment is the protection of livelihood and regulation of street vending under the Street Vendors (Protection of Livelihood and Regulation of Street Vendin....
The central legal point established in the judgment is the protection of livelihood and regulation of street vending under the Street Vendors (Protection of Livelihood and Regulation of Street Vendin....
The central legal point established in the judgment is the obligation of the Town Vending Committee to conduct a survey and issue a certificate of vending in accordance with the provisions of the Str....
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