Street vendors’ seized goods: Delhi civic bodies must issue itemised seizure memos within 24 hours, says Delhi High Court

The petitioner, Rehri Patri Ekta Manch, represented by its General Secretary, filed a public interest petition concerning the seizure of goods belonging to street vendors by the Municipal Corporation of Delhi (“MCD”) and the New Delhi Municipal Council (“NDMC”).

The petitioner alleged that, following seizures for alleged violations, the authorities did not prepare seizure memos or provide vendors with lists of the goods seized, issuing only a fine receipt later in the day.

The MCD and NDMC stated that immediate preparation of seizure memos at the spot could alert other vendors and enable them to evade enforcement action. They therefore prepared the seizure memo, along with the fine receipt, later on the same day.

NDMC further stated that seized goods were stored in designated warehouse shelves, with shelf numbers recorded in the receipts, and that photography or videography was undertaken subject to available resources.

The Court also noted deficiencies in the petition concerning disclosure of the petitioner-association’s members and authorisations.

1. Whether MCD and NDMC are required to prepare and provide a seizure memo containing a list of goods seized when confiscating goods belonging to street vendors.

2. Whether, considering the enforcement difficulties raised by the authorities, the seizure memo may be issued after the seizure rather than immediately at the spot, and if so, within what time.

3. Whether MCD should undertake photography or videography of seizures in the same manner stated by NDMC.

4. What directions should be issued regarding the constitution and notification of Town Vending Committee-II.

The Court primarily applied Section 19(1) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, which requires that, whenever goods of a street vendor are seized, a list of the goods seized must be prepared in the manner specified in the scheme and a duly signed copy must be issued to the vendor.

Section 19(2) further governs the reclaiming and release of seized goods, requiring release within two working days for non-perishable goods and on the same day for perishable goods after the claim is made.

The Court permitted limited administrative flexibility by allowing the authorities to issue the seizure memo within an outer limit of 24 hours from seizure, while preserving the statutory requirement to provide the vendor with a signed list of the seized goods.

The Court accepted the authorities’ practical concern that preparing seizure memos at the precise spot and time of seizure could alert nearby vendors and allow them to evade enforcement action.

However, that operational difficulty could not dispense with the mandatory safeguards under Section 19, particularly the preparation and supply of a list of seized goods to the affected vendor.

Balancing statutory compliance with enforcement realities, the Court permitted MCD and NDMC to prepare and issue seizure memos within 24 hours of seizure rather than necessarily at the spot.

To ensure accountability and facilitate recovery of goods, the Court directed that each memo specify the date of seizure, the goods seized, shelf numbers where applicable, any fine or penalty payable, and the name, signature and designation of the responsible officer.

Since NDMC stated that photography or videography was undertaken where resources permitted, the Court directed MCD to follow a similar practice.

The authorities were permitted to issue the memos within an outer limit of 24 hours from seizure, subject to inclusion of the prescribed particulars.

MCD was also directed to undertake photography or videography of seizures in a manner similar to NDMC.

Regarding Town Vending Committee-II, the Court directed that the process of obtaining the remaining nominated or designated members and forwarding the names for notification be expedited.

The petition and all pending applications were disposed of in these terms.