Case Note & Summary
The case involved multiple applications concerning the management of hawkers and street vendors in Delhi, primarily filed by the Municipal Corporation of Delhi (MCD) and various stakeholders. The backdrop of the dispute was the increasing population in Delhi, leading to limited space for hawkers and vendors, which prompted the MCD and the New Delhi Municipal Corporation (NDMC) to formulate schemes for the allotment of vending sites. Despite receiving numerous applications, only a fraction of vendors could be accommodated, leading to dissatisfaction and complaints regarding the implementation of these schemes. The Supreme Court had previously issued orders to ensure the proper management of hawking zones and the rights of vendors under the National Policy on Urban Street Vendors (NPSV). The Court discussed the need for a photo census of vendors to prevent illegal transfers and ensure transparency in the allotment process. The MCD sought clarifications on various issues, including the width of footpaths for pedestrians and the transfer of vending sites. The Court ruled that any transfer of sites after a specified date would be illegal and emphasized the need for the MCD to comply with the provisions of the Delhi Act, which provided protections for unauthorized vendors. The Court directed the MCD to maintain proper records and conduct a photo census of all vendors. Ultimately, the Court disposed of the applications while reiterating the importance of adhering to legal frameworks in managing urban street vending.
Headnote
A) Administrative Law - Urban Street Vendors - Implementation of Schemes - Delhi Laws Special Provisions Act, 2007 - The Court addressed the implementation of schemes for hawkers and vendors in Delhi, emphasizing the need for compliance with the Delhi Act and the establishment of Ward and Zonal Vending Committees for effective management. Held that the MCD must adhere to the provisions of the Delhi Act while implementing its schemes (Paras 14-24).
Issue of Consideration
Whether the Municipal Corporation of Delhi's schemes for hawkers and vendors comply with legal standards and address the grievances of affected parties.
Final Decision
The Supreme Court disposed of the applications while emphasizing the need for the MCD to comply with the provisions of the Delhi Laws Special Provisions Act, 2007, and to conduct a photo census of all vendors.
Law Points
- Urban street vendors
- hawking zones
- municipal schemes
- Delhi Laws Special Provisions Act
- 2007
- photo census of vendors
- transfer of vending sites
