Vendor Must Maintain Hygiene and Avoid Selling Harmful Products Near Educational Institutions
In a significant ruling aimed at safeguarding children's health and maintaining public hygiene, the Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to relocate a street vendor selling tobacco products near a primary school. The judgment, delivered by Justices Prathiba M. Singh and Vikas Mahajan, mandates the vendor, Noor Alam, to cease selling harmful substances such as pan masala, gutka, and cigarettes in proximity to the Mata Sushila Malhotra DAV Primary School in South Delhi.
The court's decision comes in response to a petition filed under Article 226 of the Constitution of India, wherein Noor Alam sought uninterrupted vending rights at his current location near the VIP Gate, Nizamuddin Railway Station. Despite holding a provisional Certificate of Vending, Alam faced repeated obstructions from MCD and Delhi Police officials due to the nature of his products and the proximity to the school.
Counsel for the MCD argued that selling tobacco and other harmful products near educational institutions is prohibited, citing previous orders, including the judgment in the case of Ram Prasad v. Municipal Corporation of Delhi. The MCD also presented photographic evidence indicating poor hygiene and cleanliness at Alam's vending site.
Acknowledging the importance of protecting children from exposure to tobacco products, the court issued a series of directives to ensure compliance with public health and safety standards. These include relocating the vendor to a suitable site identified by the MCD, maintaining cleanliness and hygiene at the vending location, and restricting the sale of harmful products near the school.
The judgment also emphasizes the vendor's responsibility to avoid encroachment or obstruction to pedestrian movement, restrict vending activities to the allocated space, and prevent the creation of third-party interests in the provisional Certificate of Vending.
The MCD has been instructed to identify an alternative vending site for Noor Alam within three days, ensuring the vendor's operations do not disturb the ingress and egress of the school community.
This ruling highlights the court's commitment to upholding the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, while prioritizing the health and safety of school children. The decision serves as a reminder of the regulatory obligations street vendors must adhere to, particularly in sensitive areas such as school vicinities.
Bottom line:-
Street vending near school premises - Sale of tobacco products such as pan masala, gutka, and cigarettes near a school prohibited - Cleanliness and hygiene to be maintained by street vendors.
Statutory provision(s): Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
Noor Alam v. Municipal Corporation of Delhi, (Delhi)(DB) : Law Finder Doc id # 2935852
