LexSUDHIR MADAN AND ORS versus MUNICIPAL CORPORATION OF DELHI AND ORS
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_. -!·· SUDHIR MADAN AND ORS A v. MUNICIPAL CORPORATION OF DELHI AND ORS MAY 17, 2007 [B.P. SINGH AND HARJIT SINGH BEDI, JJ.] B .J Hawkers/Street Vendors: Policy for Street Vendors-of MCD and Scheme for Street Vendors in c NDMCArea: HELD: Supreme Court would not give a direction that fresh survey should be undertaken by an independent expert body or an independent organization to identify the hawking sites and the existence of hawkers- This is essentially a matter which the Municipal Corporation of Delhi has D to consider and take a decision-Supreme Court cannot issue a writ directing the MCD to do so, this being a matter of policy-Administrative Law. Small modification made in the Scheme so far as it relates to prohibition on cooking of food items-The allottees of TehbazarVvending sites may be permitted to serve tea or coffee provided it does not result in disposal of any E waste and the beverage is served in disposable glasses/cups for which adequate arrangement is made for safe disposal by the al/otees of those sites. MCD has accepted the suggestion made that the Scheme shall be modified suitably by providing that the Zonal Vending Committees shall be .... presided over by a judicial officer not below the rank of Addi. District Judge F and the Appellate Committee shall be presided over by a retired High Court Judge-MCD would carry out necessary amendment in the Scheme. The proforma of the application form enclosed by the MCD with the proposed Scheme for tehbazarilvending sites which requires an applicant to G give all necessary particulars for consideration of his/her application, is approved-But it will be open to the MCD to require further particulars to ' be given in case it is considered necesJary-Timing of squatting/vending -< activity at places such as railway station, bus stands, hospitals etc. May be relaxed in such a way that food items are made available to persons using 1 H ..... 2 SUPREME COURT REPORTS (2007) 7 S.C.R. .... " .-. A these places at unearthly hours a/so-This, however, should be an exception. --~ No tehbazari/vending site shall be located on a footpath unless a clear 5 ft. space is made available for pedestrian-This should be made clear in the Scheme. B Weekly bazaars should be held only once a week in an area which must be the day on which the markets in the area observe a weekly closure under the Shops and Establishments Act-No weekly bazaars will be held on a day which is not a closed day for the market of the area-To avoid loss of revenue to the MCD, the collection from these bazaars should be made by the MCD c itself rind middlemen should not be involved in such collection. Direction to declare a weekly market in a particular area is a matter which has to be considered by the Municipal Corporation of Delhi ~ J Giving preference to women vendors is a matter of policy and it would D not be appropriate for Supreme Court to direct MCD to give preference to women vendors or recognize daily markets only for women. As regards the person unauthorisedly continuing to carry on business as hawkers/street vendors-The problems need to be addressed by the legislature or the rule making authority-If it is felt that the persons who E fall in this category require special protection, the Act may be suitably amended to cover their cases-legislation-Need for. Delhi Administration is directed to take appropriate steps in the matter whenever any complaint is made by MCD or the NDMC with regard to violation of Rules by the taxi stand owners and illegal encroachments on F footpath and roads by parking of vehicles-The Commissioner of Delhi _ _.,_ Police would come to the aid of the MCDINDMC as and when required for proper implementation of the schemes propounded by them. Any /aches on the part of the police will be seriously viewed by the Court, as amounting ~ to a breach of an order passed by Court - l G Supreme Court has approved the schemes as framed by the MCD and NDMC-Modificationslchanges in the Schemes submitted by the MCD and NDMC, are approved-The said authorities shall take appropriate steps to implement the scheme forthwith-If the legislature intervenes and frames -~ - another scheme or regulations governing such schemes, that will certainly H supersede the schemes prepared by the MCD and NDMC-Since a National ~ SUDHIR MADAN v. MUNICIPAL CORPN. OF DELHI [B.P. SINGH, J.] 3 -! Policy on Urban Street Vendors ha
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