Facts
The Petitioner, Mrs. Sondevi, is a street vendor who has been operating at a vending site opposite the MTNL Exchange Office in the Tughalakabad Institutional Area for several years
Source reference: p. 1-2, para 2-3She was issued a Certificate of Vending (CoV) (URI No. 2192156) by the South Municipal Corporation of Delhi (Central Zone, Ward S-82) under the category "Food/Snack with Gas Cylinder/Fire"
Source reference: p. 2, para 3The Petitioner approached the High Court seeking directions to prevent alleged continuous harassment by officials from the Municipal Corporation of Delhi (MCD) and Delhi Police, and to be allowed to vend peacefully at her designated site
Source reference: p. 2, para 4Issues
1. Whether the Petitioner is entitled to protection from displacement and harassment at the vending site based on her Certificate of Vending
Source reference: p. 2-3, para 6-82. Whether specific conditions should be imposed on the Petitioner’s vending activities to balance her right to livelihood with public order and safety
Source reference: p. 3, para 7Law Applied
The Court primarily relied on the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, specifically Section 21, which mandates the formulation of a vending plan by the Town Vending Committee (TVC)
Source reference: p. 4, para 9The Court also applied judicial precedents from similar matters, including Mohd Badruddin v. Municipal Corporation of Delhi & Ors., Rajendra Singh v. Commissioner of Police and Ors., and Rihana v. MCD & Ors.
Source reference: p. 3, para 6Reasoning
The Court examined the Petitioner’s status as a certified vendor under the "Food/Snack with Gas Cylinder/Fire" category
Source reference: p. 2, para 3Applying the logic of previous decisions in similar cases, the Court determined that the Petitioner should be allowed to continue her livelihood provided she adheres to strict safety and regulatory guidelines
Source reference: p. 3, para 6-7The Court specifically addressed the use of fire/gas cylinders by exempting her from Condition No. 11 of her CoV (which typically restricts such use), provided she uses only a small-sized cylinder for heating to minimize the spatial footprint
Source reference: p. 3, para 7(i) & (iv)The Court emphasized that while the Petitioner has a right to vend, she cannot encroach upon pedestrian areas, must maintain hygiene, and cannot create third-party interests or permanent structures
Source reference: p. 3, para 7This reasoning balances the Petitioner's statutory protections under the 2014 Act against the MCD’s duty to maintain public spaces.
Source reference: no citationHolding
The Court disposed of the petition by granting the Petitioner permission to vend at the site subject to six conditions: (i) use of only small gas cylinders, (ii) no encroachment on pedestrian areas, (iii) maintenance of cleanliness and a dustbin, (iv) exemption from CoV Condition 11 while complying with all others, (v) prohibition on sub-letting or third-party interests, and (vi) prohibition on permanent or temporary construction
The Court held that the Petitioner shall not be disturbed if she adheres to these conditions, though the MCD may take action for any violations
Source reference: p. 4, para 8These directions are provisional and subject to any future vending plans formulated by the Town Vending Committee-II under Section 21 of the Street Vendors Act
Source reference: p. 4, para 9Original Court PDF
SondevivsMunicipal Corporation Of Delhi And Ors
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