Street Vendors Scheme Of 2019 Is Arbitrary; Pays No Heed To Delhi Master Plan/ Zonal Plan: Petitioners Tell Delhi High Court

The Delhi High Court on Monday continued hearing a bunch of pleas challenging the vires of Street Vendors Act, 2014.

The Bench of Justice Vipin Sanghi and Justice Jasmeet Singh heard Senior Advocate Sanjeev Ralli appearing for the petitioners, who have inter alia challenged the legislative competence of the Central Government to enact the impugned Act.

During the course of hearing yesterday, Ralli submitted that the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme of 2019 makes no reference to any of the clause or chapter of the master plan or zonal plan of any area, as if there was no law on the regulation of street vending.

Street Planning Part Of Master Plan, Governed Under Delhi Development Act: Petitioners Oppose Street Vendors Act In High Court

Laying emphasis on the implementation of the scheme, Ralli submitted that for an efficient working of the scheme, the plan of street vending is a must under the Street Vendors Act and therefore any scheme cannot proceed unless the norms and determination of the areas are done by having street vending plan which according to Ralli was presently absent.

"When the scheme is prepared in 2019, it does not make any reference to any clause or chapter of the master plan or zonal plan of any area. As if there is no law on the issue of the regulation of street vending," Ralli submitted.

He also referred to Section 8.4 of the scheme which provides for the principles for determination of vending zones as restriction free, Restricted, No Vending or Time Sharing Basis Vending Zones.

Ralli argued that the said determination task cannot be undertaken by a town vending committee or any other authority. He added that the TVC may give its recommendations to the local authority after which the norms may be decided through the plan which will be made in consultation with planning authority.

Ralli then referred to Section 1.1.12 of the Scheme which provides for the manner of conducting survey of Street Vendors. 

The said section states that the surveyed persons shall provide evidence of being genuinely engaged in street vending, such as Festival Receipts, Tokens, Challan, Traffic Police Challan or any Receipt of Fine or Fees, or Certificates issued by Local Authorities as conferring such rights.

According to Ralli:

"If in a no vending zone there are 50 people vending there, can there be a case that they are vending there, though illegally admittedly, but they are the persons who will be entitled for certificate of vending. To that extent, any such kind of document which establishes their unauthorised vending or illegal vending that cannot be taken to be a basis for issuance for certificate of vending. This clause is not fair and is arbitrary."

During the previous course of hearing, the Court had called for a meeting with all the stakeholders including the Chairpersons of all the three Municipal Corporations, New Delhi Municipal Council, the Delhi Cantonment Board and the concerned Director of the DDA to work out the implementation of the Street Vendors Act.

It had however made it clear that it is not against vendors or squatting activities. "We're not against squatters; they are an essential part of our community. They are honest people, haven't taken law in their own hands, are not snatching chains. They're trying to make out a living for themselves and their families. They are our citizens; our people," it had remarked.

Previously, the bench had expressed its displeasure over the fact that there are no experts in the Town Vending Committee and that it would like to hear the challenge so as to ascertain the flaws and the fallacies in the implementation process.

It had also rapped the Delhi Government over the implementation of the Act, stating, "No more of politics, populism…Please get down to some real work."

Case Title: New Delhi Traders Association v. GNCTD