W.P.(C)/468/2024 of OM PRAKASH Vs MUNICIPAL CORPORATION OF DELHI & ORS.

*IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 468/2024 and CM APPL. 2109/2024

OM PRAKASH

..... Petitioner

Through:None.versus

MUNICIPAL CORPORATION OF DELHI

& ORS...... RespondentsThrough:Ms Shilpa Ohri, Additional StandingCounsel.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRUHON'BLE MS. JUSTICE TARA VITASTA GANJUO R R%29.01.2024

1.None appears for the petitioner.

2.The petitioner claims that he runs tea stall at site which is locatedapposite Ghata Masjid, Daryaganj, Central Zone, Ward No. S-55, Delhi-110002. He has filed the present petition, inter alia, praying that therespondents be restrained from interfering with the said business.

3.The petitioner is not an authorised vendor and has not been issued anytehbazari license.

4.Ms Ohri, learned counsel appearing for the respondents submits thatin the aforesaid circumstances, he has no right to carry on vending from afixed establishment.

5.Admittedly, survey was conducted. However, the Certificate ofVending (hereafter ‘COV’) has not been provided as yet. The COV isrequired to state the category in which vendor falls in terms of Section 6 ofthe Street Vendors (Protection of Livelihood and Regulation of Street

Vending) Scheme, 2015. She states that the issuance of COV is likely totake some time. However, she has no instructions to state the definite periodof time that it would take.

6.Considering that the petitioner has already participated in the survey,we consider it apposite to dispose of the present petition by directing theTown Vending Committee to issue an appropriate COV, if otherwise thepetitioner is entitled to the same within period of sixty days from date.

7.In the meanwhile, the petitioner would be at liberty to carry on itsvending activities as mobile vendor but not from fixed place as claimedby him.

8.The petition is disposed of in the aforesaid terms. The pendingapplications are also disposed of.

VIBHU BAKHRU, J

JANUARY 29, 2024RK

TARA VITASTA GANJU, J