Vendors Directed to Operate as Mobile Vendors, Prohibited from No-Vending Zones
In a significant judgment, the Delhi High Court has directed street vendors holding provisional Certificates of Vending (CoVs) to strictly adhere to the terms and conditions of their certificates. The bench, comprising Justices Prathiba M. Singh and Vikas Mahajan, emphasized that these vendors must operate as mobile vendors and are prohibited from setting up stalls in No-vending or No-hawking zones, such as Ajmal Khan Road in Karol Bagh, New Delhi.
The case was brought forth by Phool Chand and others, who petitioned under Articles 226 and 227 of the Constitution of India, seeking the right to vend peacefully from their allotted sites. Represented by Senior Advocate Mr. H.S. Phoolka, the petitioners argued that despite holding provisional CoVs, they faced obstructions in conducting their business activities. They also highlighted recommendations from the Ministry of Housing and Urban Affairs, suggesting fixed vending locations.
The Municipal Corporation of Delhi (MCD), represented by Ms. Puja S. Kalra, countered these claims, asserting that the provisional CoVs came with specific terms and conditions. These conditions, which were not annexed in the petition, include mandates such as operating within designated zones and not renting out vending certificates.
The court took judicial notice of these standard terms, emphasizing the importance of maintaining pedestrian and vehicular movement and public hygiene. The bench clarified that any recommendations from the Ministry related to loan facilities under the PM SVANIDHI Scheme do not alter the vending category, which is strictly governed by the CoVs issued by MCD.
The court's directions include:
1. Petitioners must operate as mobile vendors in compliance with their provisional CoVs.
2. They are prohibited from vending in No-vending zones or No-hawking areas.
3. Authorities, including MCD and local police, are tasked with ensuring compliance and removing vendors from restricted zones to prevent obstruction.
4. Vendors are allowed to operate in a mobile manner within specified wards, outside of No-vending zones.
The judgment underscores the court's commitment to balancing the livelihoods of street vendors with the need for orderly and unobstructed public spaces. The petition was disposed of with these directions, subject to any future plans by the Town Vending Committee-II under the Street Vendors Act, 2014.
Bottom line:-
Street Vendors - Provisional Certificates of Vending (CoVs) - Vendors with provisional CoVs must comply with the terms and conditions of vending certificates and operate strictly within the designated zones and as mobile vendors where required.
Statutory provision(s): Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, Section 21, Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019
Phool Chand v. Municipal Corporation of Delhi, (Delhi)(DB) : Law Finder Doc id # 2945366
