Allowed

Raj Kumar v. Muncipal Corporation Delhi and Ors.

Delhi HC1 Apr 2024W.P.(C)/1792/2023

Case brief

AI extract

What is this about?

The petitioner sought protection from disturbance for vending and issuance of a Certificate of Vending (COV). The Court directed the Municipal Corporation of Delhi to issue a COV as a stop-gap measure pending technical resolution. The petitioner cannot vend at a fixed place as no site was allocated.

What did the court decide?

Directed the Respondent to issue a Certificate of Vending to the petitioner as a stop-gap arrangement and permitted him to continue vending activities provided no fixed site was allocated.

Raj Kumar Vs Muncipal Corporation Delhi and Ors. — Service and Employment | Delhi HC (2024)

¶1

$~30

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 1792/2023 CM APPL. 6824/2023 CM APPL. 6825/2023 CM APPL. 20974/2023

¶4

RAJ KUMAR ..... Petitioner Through: Mr. N.K Sahoo, Advocate

¶5

versus

¶6

MUNCIPAL CORPORATION DELHI AND ORS.

¶7

..... Respondents Through: Ms. Puja Kalra, Standing Counsel with Mr. Virendra Singh, Advocate for MCD Mr. Mohd. Irshad, ASC, GNCTD with Ms. Nasreen, Mr. Kunal and Mr. Shailesh Chauhan, Advocates Ms. Urvi Mohan, Advocate for GNCTD/Delhi Police

¶8

CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU

¶9

O R D E R % 01.04.2024

¶10

The petitioner has filed the present petition inter alia praying as under:

¶11

“(I) To issue a writ of mandamus or appropriate writ or direction or order directing the respondent not to disturb the petitioner for squatting Opposite Building /Shop No 22 Bamasaha Market Kamala Nagar Delhi till Section 21 of street vendors Act ,2014 being enforced and vending fees being collected under section 8 of the street vendors Act,2014; (II) To issue a writ of mandamus or appropriate writ or direction or order directing the respondent not to disturb the petitioner for squatting Opposite Building /Shop No 22 Bamasaha Market Kamala Nagar Delhi in compliance of order dated 10.11.2021 passed in Writ Petition No 12605/2021;”

¶12

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/04/2024 at 12:30:50

¶13

The petitioner has also filed an application [CM APPL. 20974/2023] seeking to modify the prayers sought in the petition to read as under:

¶14

“To issue a writ of mandamus or appropriate writ or direction or order directing the respondent No 1 to issue the Certificate Of Vending (COV ) vide URI ID No 7613242.”

¶15

The petitioner claims that he had participated in the survey conducted by the Town Vending Committee (TVC) in the year 2021, however, a Certificate of Vending (COV) has not been issued.

¶16

The learned counsel appearing for the MCD submits that there is some delay in issuing COV on account of technical reasons regarding linking of the aadhaar card of the street vendors with the biometric authentication for the purpose of survey. However, it is not disputed that pending resolution of this technical issue, COVs have been issued by the MCD to various other vendors.

¶17

The learned counsel for the MCD submits that the same have been issued as the stop gap arrangement till a further survey is conducted and the identity of the street vendors is linked to the aadhaar card.

¶18

In view of the above, we find no reason why a similar certificate as a stop gap arrangement be not issued to the petitioner. We, accordingly, direct the MCD to take necessary steps to do so.

¶19

Admittedly, no Tehbazari site has been allocated to the petitioner, therefore, the petitioner would not be permitted to vend at a fixed place. However, if the petitioner complies with all the conditions of the COV that may be issued, the petitioner would not be disturbed from carrying on the vending activities.

¶20

This is a digitally signed order.

¶21

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/04/2024 at 12:30:50

¶22

The petition is disposed of in the aforesaid terms. All pending applications stand closed.

¶23

VIBHU BAKHRU, J

¶24

TARA VITASTA GANJU, J APRIL 01, 2024 g.joshi

¶25

Click here to check corrigendum, if any

¶26

Raj Kumar v. Muncipal Corporation Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Raj Kumar v. Muncipal Corporation Delhi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The Management of Moolchand Khairati Ram Hospital and Ayurvedic Research Institute Vs Sardaram Bhati

Kaushal Sangwan Vs Director General of Audit (Infrastructure), Delhi and Anr.

Mr. Gurmeet Singh Grewal & Ors. Vs Kotak Mahindra Bank Ltd.

Zomi Students Federation Vs Union Public Service Commission & Ors.

M/S Blue Moon Cafe Vs Deputy Commissioner of Police & Ors.

Kamlesh Sharma Vs Govt. of NCT of Delhi and Ors.

Karamvir Singh Vs Government of NCT Delhi and Ors.

Sh. Kulbhushan Kumar Vs Salwan Boys Sr. Sec. School and Anr.

Tula Ram and Ors. Vs Municipal Corporation of Delhi and Ors.

M/S Uv Asset Reconstruction Company Ltd. Vs M/S Unified Vision Capital Ltd. & Ors.

Mohd Shahnawaz and Anr. Vs Govt. of NCT of Delhi and Ors.

Naveen Kumar Vs Muncipal Corporation Delhi Adn Anr.

Vicky and Anr. Vs Muncipal Corporation Delhi and Anr.

Kuldeep Singh Vs MCD and Anr.