Vendors Selling Essential Goods & Services Can't Be Equated To Regular Shops: Delhi High Court

The Delhi High Court on Tuesday observed that participation of vendors in weekly markets in selling or dealing with essential goods and services is no ground to equate them with regular shops or establishments.

A Bench of Justicr Vipin Sanghi and Justice Jasmeet Singh added that the nature of regular shops or establishment in a market area is very different from any weekly markets owing to the reason of density of both vendors and visitors.

"Footfall in a weekly market is much higher and therefore the risk of spread of disease in weekly market is much higher," the Bench said.

Therefore, the Court observed that a weekly market cannot be controlled and managed in the same way as regular shops or establishments in a regular market.

"Merely because some of the vendors participating in weekly markets may be selling or dealing with essential goods and services, is no reason to equate regular shops/ establishments with weekly markets," the Court said.

The Court was dealing with a petition filed by Saptahik Patri Bazar Association seeking directions on the Delhi Government to allow its members to continue with their vending activities throughout the city's Keshav Puram zone in terms of order passed by the Delhi Disaster Management Authority (DDMA) dated 28th December 2021 at their designated places of vending.

The case of the petitioners was that they were dealing in essential goods as being food and vegetable vendors and therefore were aggrieved by the order issued by DDMA under the Disaster Management Act in wake of the covid 19 pandemic.

The DDMA had on December 28 last year issued an order of alert (level 1) which indicated the details of the activities which were permitted, restricted and prohibited in the city, outside containment zones, in view of the yellow alert with immediate effect. The said order indicated the triggers for classification of situation between levels 1 to level 4 alert.

According to the order, it was stated that only shops or establishments dealing with essential goods and services were allowed to remain operational. 

Furthermore, in respect of weekly markets, it said that only one authorised weekly market, up to the limit of 50% of allowed venders at normal times, per day per zone will be allowed to remain operational in all three municipal corporations in the city.

The petitioner counsel therefore submitted that since the members of petitioners association were dealing with essential goods as being vegetables and fruits, they should be classified under the category of shops or establishments which are allowed to function during the level 1 alert.

Court's attention was drawn to the vending certificates issued to the petitioners members to argue that all of them were dealing with fruits and vegetables.

"Having heard Mr. Wadhwa and having perused the material on record, we are not inclined to grant relief to petitioners as sought," the Court said.

It added "It is for the concerned Disaster Management Authority to formulate the response to the prevalent situation of pandemic. These are administrative decisions which cannot be likely interfered with by Court."

The Court was of the view that the DDMA had classified shops or establishments dealing with essential goods and services as one category and during level 1 alert, they have been allowed to continue with their operations.

"Equally consciously, weekly markets have been restricted in the manner as taken note of herein above," the Court noted.

"Therefore, in our view, the petitioners are not entitled to claim parity with shops/ establishments merely because they claim to be dealing with essential goods and services," it said.

Accordingly, the petition was dismissed.

Case Title: SAPTAHIK PATRI BAZAR ASSOCIATION v. GOVERNMENT OF NCT OF DELHI & ANR

Citation: 2022 LiveLaw (Del) 69