Delhi High Court - Orders
Yashwant Kumar Chauhan vs Govt.Of Nct Of Delhi & Ors on 14 February, 2024
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2158/2024 CM APPL. 8949/2024 CM APPL. 8950/2024
YASHWANT KUMAR CHAUHAN ..... Petitioner
Through: Mr Brajesh Pandey, Mr Manish Kr.
Vikkey and Mr Kanchan Kumar Jha,
Advocates
versus
GOVT.OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr Rishikesh Kumar, ASC, GNCTD
with Ms Sheenu Priya, Mr Atik Gill,
Mr Sudhir Kumar Shukla and Mr
Sudhir, Advocates for R-1, 3
Mr. Pritish Sabharwal Counsel for
MCD.
Ms.Shweta, Advocate for TVC.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 14.02.2024
1. The petitioner has filed the present petition inter alia praying as under:
"(a) Issue writ of Mandamus or any other appropriate writ or order directing the Respondent No.2 and 3 not to dispossess or obstruct or disturb the Petitioner in carrying on his small trade from his respective squatting sites i.e. Readymade garments, mobile accessories and others small days to days use items at Budh Vihar, Monastery Market, Kashmiri Gate, City SP Zone, Ward No.83, Delhi, in terms of section 3(3) of the street vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 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 ;
W.P.(C) 2158/2024 page 1 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2024 at 20:37:20
(b) Issue writ of Mandamus or any other appropriate writ or order directing the Respondent No.2 and 3 stop the construction on vending site of petitioner i.e. Readymade garments, mobile accessories and others small days to days use items at Budh Vihar, Monastery Market, Kashmiri Gate, City SP Zone, Ward No.83, Delhi."
2. Learned counsel for the petitioner submits that the petitioner has been issued a certificate of vending and is entitled to carry on the vending activities. He referred to the order dated 19.04.2023 passed in the earlier writ petition filed by the petitioner (W.P.(C) 4934/2023 captioned Yashwant Kumar Chauhan v. Govt. of NCT of Delhi & Ors.), wherein the Court had noted that the petitioner had been issued a certificate of vending and had accordingly directed the Municipal Corporation of Delhi (hereafter "MCD") to permit the petitioner to vend "within the City-SP Zone, Ward- 83-N, subject to the terms and conditions of the said certificate of vending dated 07.11.2021, without let or hindrance".
1. The Learned counsel for the petitioner further submits that notwithstanding the above, the MCD has been harassing the petitioner and has removed the petitioner from the site in question. He has also annexed the photographs to show that some construction activity is being carried out at the vending site, which the petitioner claims is his vending site.
2. The Learned counsel appearing for the Respondents submit that the petitioner is entitled to carry on vending activities but is not entitled to claim any right in respect of any particular vending site. He states that the terms and conditions of the certificate of vending expressly require the petitioner to not stay or vend for more than 30 minutes at a place in a vending/squatting zone.
W.P.(C) 2158/2024 page 2 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2024 at 20:37:20
3. We find merit in the respondents' contention. The terms and conditions of the certificate of vending (which has not been filed by the petitioner), states that a mobile vendor cannot carry on vending activities at a particular place for more than 30 minutes or such time as may be fixed by the Town Vending Committee. In other words, the mobile vendors cannot claim rights in respect of any particular vending site.
4. It is apparent that the petitioner is not a stationary vendor, as the photographs reflects. The petitioner is vending on a folding bed and has not been granted any license of a fixed structure. We are unable to accept that the petitioner can claim any right to carry on vending activities from a particular spot in the given zone.
5. The order dated 19.04.2023 passed in W.P.(C) 4934/2023 directed the MCD to permit the petitioner to vend within the City-SP Zone, Ward- 83-N without let or hindrance. The said order does not entitle the petitioner to claim any right in respect of a particular spot in the said zone.
6. In view of the above, we dispose of this writ petition by directing that the respondents shall not obstruct or disturb the petitioner from carrying on his vending activities provided the same are carried on in accordance with the terms and conditions of the certificate of vending, including clause 11 which reads as follows:
"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."
7. The petition is disposed of in the aforesaid terms.
W.P.(C) 2158/2024 page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2024 at 20:37:20
8. Pending applications stand closed.
VIBHU BAKHRU, J
TARA VITASTA GANJU, J
FEBRUARY 14, 2024/g.joshi
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W.P.(C) 2158/2024 page 4 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2024 at 20:37:21