The Present Petition was filed before the High Court under Articles 226 and 227 of Constitution of India seeking an appropriate writ, for prohibiting the Respondents from harassing the Petitioner and forcing her to pay weekly bribe for the Peaceful continuation of the business of Street Vending.
The Petitioner herein, Ms. Satyavati Devi is a Street Vendor in the business of street vending since the past 17 years, legally and rightfully entitled to continue her business in the streets of Delhi. The Respondents on the other hand, are the Law enforcement officers in Delhi, who have repeatedly indulged in the illegal acts of harassment, mental & physical violence against the Petitioner and her family without any justifiable cause, even after she possesses the Certificate of Vending from the East Delhi Municipal Corporation.
The above acts of the Respondents are illegal, arbitrary, violative of the fundamental rights of the Petitioner enshrined under Article 14, Article 19(1)(g) and Article 21 of the Indian Constitution. Further, Respondent No. 3 has also acted in violation of Section 27 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 as the said section clearly prohibits and penalizes harassment by any police official against street vendors.
In reaching the judgement in the present case, the division bench of Hon’ble J. Mr. Siddharth Mridul and Hon’ble J. Ms. Tushar Rao Gedela, placed reliance on the cases of Maharashtra Ekta Hawkers Union v. Municipal Corporation, Greater Mumbai, (2004) 1 SCC 625, Gainda Ram v. MCD, (2010) 10 SCC 715, and Sodan Singh v. New Delhi Municipal Corporation (1989) 4 SCC 15, in which the Hon’ble Court recognized the rights of the street vendors and strictly prohibited any form of violence against them.
On 15.02.2023, the Apex Court adjudged in favor of the Petitioner represented by Advocates of SKV Law Offices who pressed to limit their relief to a direction to the Municipal Corporation of Delhi to permit her to vend, strictly in accordance with the terms of Certificate of Vending, issued by the East Municipal Corporation of Delhi and simultaneously, directing the Delhi Police to not obstruct or impede the Petitioner from continuing to vend in terms of the Certificate of Vending in the subject zone. The Petition was allowed by the Division Bench of the High Court and was disposed of accordingly in the very first hearing ensuring that speedy justice is served to those who knock the door of the Hon’ble Court.
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