Delhi HC: Food-Snack Vendor Who Notified NDMC Can’t Be Disturbed Selling Garments For Now If Trade Isn’t On Negative List and Vending Rules Are Met

In brief

The question

1. Whether the petitioner could continue vending readymade garments without being disturbed, pending a decision on changing his CoV category, if the goods fell outside the negative list and he had given the requisite intimation.

The court held

The petition was disposed of with directions that the petitioner not be disturbed while vending items outside the negative list, subject to his having given the requisite intimation and complying with the stated conditions, including maintaining a 6′ × 4′ vending space.

It also directed

After its constitution, TVC-II is to consider the requested change in the CoV category.

The directions are subject to any plan adopted by TVC-II, and the petitioner may claim no vested rights on their basis.

01Facts

The petitioner held a Certificate of Vending (CoV) for food/snack preparation without a gas cylinder at Mohan Singh Place, Connaught Place.

pp. 1–4

He sought to change his vending activity to selling readymade garments and relied on NDMC’s Circular dated 16 August 2016, under which certain changes between non-licence trades not on the negative list required only intimation to NDMC.

pp. 1–4

He stated that he had notified NDMC of the change but that officials continued to disturb his vending.

pp. 1–4

NDMC submitted that the change could be considered by TVC-II after it was constituted.

pp. 1–4

The Court considered the request for a change in the CoV category and the petitioner’s interim protection pending TVC-II’s decision.

pp. 4–5

02Issues

i.1. Whether the petitioner could continue vending readymade garments without being disturbed, pending a decision on changing his CoV category, if the goods fell outside the negative list and he had given the requisite intimation.

pp. 4–5

ii.2. Whether the petitioner’s request to change the category in his CoV should be decided by TVC-II after its constitution.

p. 5

03Law Applied

Clause 4(iii) of NDMC’s Circular dated 16 August 2016 provides that permission is not required for specified changes between non-licence trades that are not on the negative list; intimation to NDMC is sufficient.

p. 4

The Court also referred to the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, including Section 21 in relation to a plan that TVC-II may formulate, and to the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019, whose conditions vendors must follow.

pp. 5–6

The judgment does not finally determine the petitioner’s entitlement to have his CoV category changed.

pp. 4–6

Provisions in the judgment · 1 · Linked ones open on LawLens

Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 Section 21

04Reasoning

The Court distinguished between interim protection for the petitioner’s ongoing vending and the final determination of his CoV category.

pp. 4–6

Given the Circular’s provision for changes between eligible non-licence trades on the basis of intimation, the petitioner could not be disturbed while vending items outside the negative list, provided he had given the requisite intimation and complied with the applicable vending conditions.

pp. 4–6

The category change itself remained for TVC-II to consider once constituted; the Court also required the vending space to remain 6′ × 4′ and made its directions subject to any plan adopted by TVC-II under Section 21.

pp. 4–6