W.P.(C)/1129/2016 of AVINASH KUMAR Vs SOUTH DELHI MUNICIPAL CORPORATION & ANR

*INTHEHIGHCOURTOFDELHIATNEWDELHI+W.P.(C) 1129/2016AVINASH KUMAR..... Petitioner

Through :Mr. Satish Kumar Tripathi, Adv.versus

SOUTH DELHI MUNICIPAL

CORPORATION & ANR..... RespondentsThrough :Mr.RajanTyagi,Adv.forSDMC/R-1Mr.Naresh,LicenseInspector in person.Mr. Manu Padalia, Adv. for Mr.Ankur Chhibber, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAKO R R

12.02.2016

Petitioner has alleged that he is squatter/vendor at front/side wall ofHouse Shop No.H-2, Green Park, Main Market, New Delhi. Petitioneralleges that Town Vending Committee under the Street Vendors (Protectionof Livelihood and Regulation of Street Vending) Act, 2014 (for short, ‘theAct’) has yet not been constituted, but respondents are removing him fromhis hawking site.It is contended that under Section 3(3) of the Act,protection is granted to the street vendors from eviction, till survey is doneand petitioner is relocated.It is prayed that respondents be restrained fromremoving the petitioner from his respective hawking site.

It may be noted that various factual aspects have to be considered insuch like matters.Whether petitioner is squatting at the place, which healleges to have been squatting is one of the important factors to beconsidered.Whether the said vending activity causes any obstruction in thefree movements on the streets/pavements by the pedestrians and/or vehicles;is another factor to be considered.Security perspective has also to be keptin mind.All these questions can be ascertained by the concerned authorityunder the Act.

Section 3 of the Act reads as under :-

“3(1) The Town Vending Committee shall, within suchperiod and in such manner as may be specified in thescheme, conduct survey of all existing street vendors,within the area under its jurisdiction, and subsequent surveyshall be carried out at least once in every five years.

(2) The Town Vending Committee shall ensure that allexisting streetvendors,identified in the survey,areaccommodated in the vending zones subject to normconforming to two and half per cent. of the population of theward or zone or town or city, as the case may be, inaccordance with the plan for street vending and the holdingcapacity of the vending zones.

(3)No street vendor shall be evicted or, as the case maybe, relocated till the survey specified under sub-section (1)has been completed and the certificate of vending is issuedto all street vendors.”

Respondents are expected to abide by the laws of the land and no

directions in this regard are necessary, inasmuch as, counsels for therespondents submit that no such action, in contravention of Section 3(3) ofthe Act, is being taken.

It may further be noted that Division Bench of this Court vide orderdated 20[th]August, 2014 passed in W.P. (C) 4303/2014 tilted NationalAssociation ofStreet Vendors of India vs. South Delhi MunicipalCorporation and Ors. has observed thus:-

“Furthermore, insofar as street vending is concerned, thesubject matter is entirely covered by the Street Vendors Act,2014.Therightsandobligationsofstreetvendors,requirements of cleanliness and public hygiene as well as theformation of the Town Vending Committees have beenspecified in the said Street Vendors Act, 2014. Chapter 8 ofthe said Act also provides for the prevention of harassment ofstreet vendors. Section 3 of the said Act provides for theconduct of survey and Section 3 (3) thereof stipulates that nostreet vendor shall be evicted till the survey has beencompleted. It is an admitted position that the survey has notyet been completed. Therefore, the provisions of Section 3(3)of the Street Vendors Act, 2014 shall be applicable and nostreet vendor can be evicted. Section 33 of the Street VendorsAct, 2014 also gives it overriding effect over other laws.”

Accordingly, no further orders are required to be passed in this writ

petition and the same is disposed of with the above observations.

FEBRUARY 12, 2016/dk

A.K. PATHAK, J.