Delhi High Court Orders Inspection Of Records Pertaining To Constitution Of All Town Vending Committees In City

The Delhi High Court today ordered the Delhi government to produce the relevant records pertaining to constitution of all Town Vending Committees in the national capital under the Street Vendors Act, 2014, and explain as to how the various members are being nominated therein.

The Bench of Justices Vipin Sanghi and Jasmeet Singh particularly sought information pertaining to nominations under the categories: (i) community based organizations, (ii) NGOs, (iii) Banks/ association of street vendors, (iv) Resident Welfare Associations, (v) Market/ traders' associations.

It has ordered that the records of constitution of all TVCs shall be made available at the office of Urban Development Department, starting from 2.00pm onwards tomorrow, everyday till the inspection is over.

The record is directed be kept available for court's perusal on the next date of hearing.

The development comes in a batch of pleas challenging the vires of Street Vendors Act, 2014 and the 2019 scheme framed thereunder.

Senior Advocate Sanjeev Ralli appearing for the petitioners today pointed out before the Court several irregularities in the constitution of TVCs. He submitted that there are more than 20 TVCs in the city and some of the organisations nominated under the aforesaid categories were common in different zones. Names of organizations like Majdoor Rakshak Samiti and Sunaina Devi Kalyan Samiti appeared repeatedly. He added that there were two TVCs for Narela Zone having same combination.

At this juncture, the Court expressed discontent over the petitioners' efforts in unearthing the details about these organizations.

"I am sorry to say Mr. Ralli but we are not satisified with the assistance we are getting. You should have seen who are these organizations, who are their members, what is gone into consideration by the government in appointing them. This inquiry should have been done by you. What is the point of showing us page after page…?" Justice Sanghi remarked.

He therefore ordered an inspection into the constitution of all TVCs. As the opposing side showed some reservation to this direction, the Bench remarked,

"This is public record, it is something which is not confidential. Even if they apply for RTI, they will get this information."

During the hearing, Ralli also pointed out certain inconsistencies in the GNCTD Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019.

He stated that a joint reading of clauses 4.3.1, 4.4.1 and 4.4.6 under the scheme stipulates that a Certificate of Vending shall be renewed every five years, if its terms are complied with. "This is perpetuity of vending certificate at the cost of those who may be waiting for their turn. There is no reason to give this in perpetuity," Ralli argued.

He added that the provision under the scheme that vendors in Heritage Markets shall not be relocated is arbitrary.

Advocate Gautam Narayan appeared for the Delhi government.

"The way the Act has been implemented by now, including the constitution of Town Vending Committee, we haven't heard you but it prima facie appears something has to be said about it. Let's see if the law is not being properly implemented," the Court had remarked in one of the previous hearings.

Case Title: New Delhi Traders Association v. GNCTD