A recent judgment by the Delhi High Court delves into the legal dispute surrounding vending zones in Kirorimal College Road. The case involves the Municipal Corporation of Delhi and petitioners contesting the designation of No Vending Zones in the area. Stay informed about the implications of this ruling on vending regulations in Delhi.
Facts
- Petitioner nos.1 and 2 have been issued Certificates of Vending (COVs) for Keshav Puram, Ward No.78-N.
- Other petitioners claim entitlement to COVs after participating in a survey.
- Municipal Corporation of Delhi (MCD) alleges petitioners are vending in a ‘no vending zone’ and not complying with COV conditions.
- Petitioners have no allocated vending place or Tehbazari license.
- Petitioner nos.1 and 2 hold interim COVs for vending in the designated zone.
- Petitioners are squatting/hawking in front of shops in Kamla Nagar, Delhi.
Arguments
- The learned counsel for the petitioners argued that specific areas in Keshav Puram Zone, such as ‘Kirorimal College Road, E-Block,’ are being wrongly treated as No Vending Zones.
- The petitioners can vend from squatting areas until the vending plan is finalized, as per the Act.
- The MCD contests adding new areas as No Vending Zones after the Act came into force.
- MCD states that the vending locations will be assigned after the vending plan is prepared in consultation with TVC-II.
- MCD confirms adherence to the list of squatting areas prepared earlier in Keshav Puram Zone and Civil Lines Zone.
- No squatting or No vending zones declared before the Act came into force will remain in effect as per previous court decisions.
Analysis
- Kirorimal College Road, E-Block is identified as a squatting area.
- The MCD has consistently maintained that Kirorimal College Road, E-Block is situated in the Civil Lines Zone, not in the Kamla Nagar ward.
- The MCD’s map shows the location of Kirorimal College Road, E-Block on the southern side of Bungalow Road.
- The MCD has not altered the squatting zones as claimed by the petitioners.
- The petitioners are not allowed to vend in a No Vending Zone.
Decision
- The petition is dismissed.
- All pending applications are disposed of.
- A survey has been conducted for constituting the TVC-II.
- Steps will be taken after the survey is completed.
- Final COVs will be issued after the survey is completed.
Case Title: MAHA SHANKAR UPADHYAY & ORS. Vs. GOVT. OF NCT OF DELHI & ORS. (2024:DHC:3727-DB)
Case Number: W.P.(C)-15680/2023
