W.P.(C)/10074/2024 of RAJ MANGAL CHAUHAN & ORS. Vs GOVT.OF NCT OF DELHI & ORS.

*IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 10074/2024 CM APPL. 41232-41233/2024RAJ MANGAL CHAUHAN & ORS.

.....PetitionersThrough:Mr.BrajeshPandey,Mr.KanchanKumar Jha, and Mr.Manish Vickkey,Advocates

versus

GOVT.OF NCT OF DELHI & ORS.

.....RespondentsThrough:Mr Anubhav Gutpa, PC and Mr.AnkitChoudharyandMr.AnujSingh,Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRUHON'BLE MR. JUSTICE SACHIN DATTAO R R

%23.07.2024

1.Issue notice. The learned counsel for the respondents accept notice.

2.The petitioners are the street vendors and claim that they are carryingon their vending activities at the site located at Budh Vihar, MonasteryMarket, Kashmiri Gate, City SP Zone, Ward No.83, Delhi (hereafter thegiven site). The petitioners have been issued their Certificates of Vending(COVs).

3.The petitioners are essentially aggrieved by the condition no.11 ofthe COV which proscribe mobile vendor from carrying on hawking /vending activities from fixed place for more than thirty minutes or anyother time as may be prescribed by the Town Vending Committee (TVC).The petitioners have challenged the imposition of the said condition.

4.Section 6(1) of the Street Vendors (Protection of Livelihood and

W.P. (C) 10074/2024

Regulation of Street Vending) Act, 2014 (hereafter the Act) requires that thestreet vendors to be classified into three categories: (i) stationary vendors;mobile vendors; or any other category as may be specified in the Scheme.

5.The Section 6 of the Act is set out below:-

“6. (1) The certificate of vending shall be issued underany of the following categories, namely:—

(a) stationary vendor;

(b) mobile vendor; or

(c) any other category as may be specified in the

scheme.

(2) The certificate of vending issued for the categoriesspecified in sub-section (1) shall be in such form, andissued in such manner, as may be specified in the schemeand specify the vending zone where the street vendorshall carry on his vending activities, the days and timingsfor carrying on such vending activities and the conditionsand restrictions subject to which he shall carry on suchvending activities.

(3) Every street vendor who has been issued certificate of

vending under sub-section (1) shall be issued identitycards in such form and manner as may be specified in thescheme”

6.Thus, in terms of Section 6 of the Act, it is necessary for the TVC toclassify the street vendors in three categories as specified above. However,at the current stage, the survey is not complete and the Second TownVending Committee (TVC-II) (which would include the representatives ofthe street vendors) has not been constituted. This Court is informed that theCOVs issued currently are interim COVs and the final COVs would beissued after the survey is complete, the TVC-II has been constituted, and thevending plan is framed under Section 21 of the Act.

7.At the present stage, the street vendors who have not been allocated

any Tehbazari licences are being treated as mobile vendors.

8.Concededly, the petitioners have not been allocated any Tehbazarisite by the concerned authorities and therefore, they cannot be considered asstationary vendors till fixed place is allocated. Condition no. 11 of theCOV impugned by the petitioners is applicable to the mobile vendors andthe petitioners are required to comply with the terms and conditions of theCOV.

9.In the given circumstances, we consider it apposite to dispose of thepetition by leaving it open for the petitioners to make representation to theconcerned authorities (MDC/TVC). The concerned authorities shall take aninformed decision at the appropriate stage.

10.Pending applications also stand disposed of.

VIBHU BAKHRU, J

JULY 23, 2024M

SACHIN DATTA, J

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W.P. (C) 10074/2024