Petitioners sought a writ directing the Municipal Corporation of Delhi to treat Library Road as a vending zone and conduct a survey under the Street Vendors Act 2014 and a 2013 Supreme Court order, which was denied.
Petition dismissed; no liberty granted to re-agitate the relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~51
% Date of Decision: 15.07.2024
+ W.P.(C) 7085/2024 and CM APPLs.29564-65/2024
JAWAHAR LAL & ORS. .....Petitioners Through: Mr. M.M. Israily, Mr. S.I. Israily and Mr. Gaurav Raj Sharma, Advs.
versus
MUNICIPAL CORPORATION OF DELHI & ORS......Respondents Through: Mr. Shivam Sachdeva, ASC for MCD.
Mr. Sanjeev Ralli, Sr. Adv. along with Mr. Mohit Mudgal, Mr. Chetanya Baweja, Mr. Ravikant Yadav, Mr. Shubham Yadav, Mr. Praful Nawani, Advs. for R-4.
CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE SACHIN DATTA
VIBHU BAKHRU, J. ( Oral )
“ A. Allow the present petition and issue writ of Mandamus or any other appropriate writ, order to Respondents to Respondent No.1, 2, 3 & 4 that Library Road Azad Market, Delhi-110006 be not treated as a no hawking/vending zone till such vending/hawking zones are created by Respondent No. 1 and 2 for the street vendors /hawkers/squatters of Library Road, Azad Market, Delhi in terms of the order dated 09.09.2013 passed by Hon'ble Supreme Court in C.A. No. 4156-
Signature Not Verified Digitally Signed By:KAMLA RAWAT Signing Da te:2 4.07.2024 19:05:32
Page 1 of 6
4157/2002 and in accordance with S. 21 read with article 2 & 3 of first schedule read with S. 33 of the Street Vendors (Protection Of Livelihood And Regulation Of Street Vendors) Act 2014; AND
B. Issue Writ of Mandamus directing Respondent No. 1 and 2 to carry out a survey and registration of all existing street vendors at the Library Road, Azad Market, City SP Zone, Delhi in terms of the 2009 Policy of Street Vendors, Order dated 09.09.2013 passed by Hon’ble Supreme Court in C.A. No. 4156- 4157/2002 and S.3(1) of the Street Vendors (Protection of Livelihood and Regulation of Street Vendors) Act.
C. Issue Writ of Mandamus directing Respondent No. 1 to 3 to not remove the Petitioners and their likes squatting from 06:00AM to 10:00Am at Library Road, Azad Market, Delhi till creation of demarcate vending / hawking zones at City SP Zone, Delhi and survey of existing street vendors at Library Road, Azad Market is completed in accordance with order dated 09.09.2013 passed by the Hon’ble Supreme Court in C.A. 4156- 4157/2002 and as per S. 3(3) of the Street Vendors (Protection of Livelihood and Regulation of Street Vendors) Act 2014. ”
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of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereafter the Street Vendors Act ).
1 Maharashtra Ekta Hawkers Union and Anr. Vs. Municipal Corporation, Greater Mumbai and Ors: (2009) 17 SCC 151
2 2017 SCC OnLine Del 8962
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3 (3) Declaration of no-vending zone shall be carried out by the plan for street vending, subject to the following principles, namely:-
*** *** *** (e) till such time as the survey has not been carried out and the plan for street vending has not been formulated, no zone shall be declared as a no-vending zone.
4 Neutral Citation No.:2024:DHC:641-DB
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present petition filed a petition [W.P.(C) 9645/2021 captioned Jawahar Lal and Ors. vs. Municipal Corporation of Delhi and Ors. ] seeking similar reliefs. The prayers in the said writ petition are set out below:
“ In view of the facts and circumstances of the present case, it is therefore most respectfully prayed before this Hon’ble Court that this Hon’ble Court may most graciously be pleased to:-
A. Allow the present petition and issue writ of Mandamus or any other appropriate writ, order to Respondents to demarcate vending / hawking zones at City SP Zone, Delhi in accordance with order dated 09.09.2013 passed by Hon’ble Supreme Court of India in C.A. 41564157/2002 and in accordance with S.21 read with Art. 2 & 3 of First Schedule of the Street Vendors (Protection of Livelihood and Regulation of Street Vendors) Act 2014; AND
B. Issue Writ of Mandamus directing Respondent No.1 and 2 to carry out a survey and registration of the existing street vendors at the Library Road, Azad Market, City SP Zone, Delhi in terms of the 2009 Policy of Street Vendors, Order dated 09.09.2013 passed by Hon’ble Supreme Court in C.A. No.4156-57/2002 and S.3(1) of the Street Vendors (Protection of Livelihood and Regulation of Street Vendors) Act 2014; AND
C. Issue Writ of Mandamus directing Respondents to not remove the Petitioners and their likes squatting from 06:00 AM to 10:00 AM at Library Road, Azad Market, Delhi till creation of demarcate vending/hawking zones at City SP Zone, Delhi and survey of existing street vendors at Library Road, Azad Market is completed in accordance with order dated 09.09.2013 passed by the Hon’ble Supreme Court in C.A. 4156-4157/2002 and as per S.3(3) of the Street Vendors (Protection of Livelihood and Regulation of Street Vendors) Act 2014; AND
D. Award costs in favour of the Petitioners and against the Respondent throughout; AND
E. Pass any other order or direction as this Hon’ble Court may deem fit
5 (2009) 17 SCC 151
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and property in the facts and circumstances of the instant case. ”
VIBHU BAKHRU, J
SACHIN DATTA, J
JULY 15, 2024/ cl
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1 issue framed by the court
Whether street vendors can be allowed to carry on activities in a declared no-hawking/no-vending zone prior to the preparation of a vending plan under Section 21 of the Street Vendors Act 2014.
Colour shows how this judgement treated each authority
Maharashtra Ekta Hawkers Union and Anr. Vs. Municipal Corporation, Greater Mumbai and OrsReferred¶31
(2009) 17 SCC 151 · Who else cites this
Vyapari Kalyan Mandal Main Pushpa & Anr. v. South Delhi Municipal Corporation & OthersFollowed¶24
2017 SCC OnLine Del 8962 · Who else cites this
Veer Singh vs. The Chairman of NDMC & OthersFollowed¶29
2024:DHC:641-DB
3 provisions across 2 enactments
JAWAHAR LAL & ORS.
MUNICIPAL CORPORATION OF DELHI & ORS.
VIBHU BAKHRU
SACHIN DATTA
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
