The recent ruling by the Delhi High Court in the Mata Sundari Road Tehbazari Site Allocation Case has significant repercussions on the relocation and site allotment process for street vendors. The case sheds light on the challenges faced by vendors like those at Mata Sundari Road in obtaining a new site and continuing their livelihood. Stay informed about the legal developments affecting street vendors in Delhi.
Facts
- The Petitioners are entitled to a Tehbazari site at Mata Sundari Road.
- The physical sites could not be handed over to the Petitioners due to a notification constituting the Town Vending Committee.
- The Petitioners were displaced from Bapu Market for construction of a multi-level car parking facility.
- The Petitioners were not allowed to carry out their Tehbazari work peacefully at their new sites.
- The Petitioners’ sites were demolished by the Municipal Corporation on 15.09.2023.
- The TVC mandated for the purpose of relocation and allotment of site is not operational yet.
Analysis
- The process of relocation of the Petitioners was interdicted midway by the Respondents.
- The constitution of the TVC after the Petitioners were removed and before they could be relocated does not justify halting the relocation process.
- The Petitioners and other similar Tehbazari holders have not been relocated/rehabilitated due to the requirement of making a TVC in consultation with local authorities as per the Street Vendors Act and Rules.
- The eviction and re-allocation process was intended as a singular process, with a new site to be allotted after removal from the original site.
- The Petitioners have deposited the mutation fee with the Municipality.
- The relocation letters and mutation letters contain terms and conditions for the relocation, which the Petitioners are expected to abide by.
- Failure to comply with the terms and conditions may lead to cancellation of tehbazari rights.
- The Petitioners have raised concerns about their re-allocated Tehbazaris being demolished.
- The Petitioners issued a representation to the Municipality reiterating their contention regarding the demolition of their re-allocated Tehbazari sites.
- Rule 13 of the Delhi Street Vendors Rules outlines the mandate of the initial Town Vending Committee, which includes conducting surveys and issuing Certificates of Vending.
- The initial Town Vending Committee must ensure that elections are held within six months once the survey is completed.
- The TVC has not completed the survey, hindering the process of relocation and site allotment for street vendors.
- Street vendors can only be relocated or evicted by the local authority if they fail to vacate the specified area after the notice period provided in the Certificate of Vending.
- Failure to relocate or vacate the specified area may result in a penalty determined by the local authority.
- Section 18 of the Street Vendors Act allows the local authority, based on TVC recommendations, to declare a no-vending zone for public purposes and relocate vendors as per the specified scheme.
- Street vendors can only be evicted or relocated by the local authority after a 30-day notice period, as outlined in the scheme.
- The relocation process could not be stopped midway.
- The petitioner’s application to stop the relocation process was dismissed.
Decision
- Petitioners confirm they will not claim any rights in the new sites.
- Allocations subject to future plans recommended by TVC-II.
- Petitioners not deprived of livelihood at present stage.
- New sites to be allocated within four weeks.
- Petitioners not allowed to carry out permanent construction on new sites.
- Handing over new sites does not create equities in favor of Petitioners.
Case Title: RADHEY SHYAM CHOPRA & ORS. Vs. MUNICIPAL CORPORATION OF DELHI & ORS. (2024:DHC:4697-DB)
Case Number: W.P.(C)-493/2024
