Document Fragment View

Matching Fragments

1. This hearing has been done through hybrid mode.

2. The present petition has been filed on behalf of the Petitioner- Late. Shri. Ram Prasad, through his daughter Smt. Rita Devi under Article 226 of the Constitution of India seeking directions to the Municipal Corporation of Delhi (hereinafter, 'MCD') to allow Smt. Rita Devi to peacefully vend from the vending site Opposite 427, Bus Stand, Near Nizamuddin Railway Station, New Delhi-110013, Central Zone, Ward- S-55 (hereinafter, 'vending site').

3. The brief background of the present case is that, the Petitioner- Late Shri. Ram Prasad was issued a Certificate of Vending (hereinafter, 'CoV') bearing URI No. 3864468 for Central Zone, Ward-S-55 under the category 'Food/Snack without Gas Cylinder/Fire'.

4. Thereafter, Shri. Ram Prasad passed away on 29th April, 2021 and since then, his daughter, Smt. Rita Devi has been vending from the vending site.

17. In view there of, Smt. Rita Devi is in gross contravention of terms and conditions of the CoV as also the fact that the she is not possessing any right under Section 5(2) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, the relief sought in the present petition cannot be granted to the Petitioner.

18. Accordingly, MCD shall take action against Smt. Rita Devi in accordance with law, to ensure that the ingress and egress of the Mata Sushila Malhotra DAV Primary School is not obstructed in any manner by the Petitioner's vend as also by any other vends and carts. The other vends and carts which are selling products such as gutka, paan masala, etc., - that too in front of a school, shall also be removed from the vicinity of the said school, by the MCD.

19. If Smt. Rita Devi wishes to vend in terms of the photograph, which has been placed on record as Annexure P-3, she is permitted to approach the Assistant Commissioner, MCD with a representation, who shall consider the same in accordance with law and an order shall be passed after verifying the credentials.

20. The petition is, accordingly, dismissed with costs of Rs.10,000/- to be deposited by Smt. Rita Devi with the Delhi High Court Legal Services Committee. The said costs shall be deposited within a period of one month and the proof thereof shall be furnished in the Court. If the costs are not deposited, the representations made by Smt. Rita Devi shall not be considered by the MCD.