In Mahavir Jain v. Amit Yadav, the Delhi High Court held that under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, a survey of existing vendors must be done before vending zones are declared. On the facts, it upheld NDMC's removal of goods from non-vending areas that lacked Town Vending Committee authorisation.
Street vendors should make sure they are counted in the vendor survey and hold a valid certificate of vending. Vending outside authorised areas can still lead to removal of goods.
The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 protects the livelihood of street vendors while allowing cities to regulate vending. Section 3 requires a survey of existing vendors by the Town Vending Committee, and says no existing vendor should be evicted or relocated until the survey is completed and certificates issued. Section 4 provides for a certificate of vending. The Act also requires a plan for street vending that identifies vending zones, and lays down a procedure, including prior notice, before relocation, eviction or seizure of goods.
In practice, the Town Vending Committee, which includes elected representatives of vendors, conducts the survey, issues certificates and recommends vending zones. Vendors who are left out of the survey or face eviction can raise grievances before the dispute redressal committee set up under the scheme. Vending in an area that is not authorised can still be acted on by the local body, subject to the procedure the law prescribes.
Under Section 3 of the Act, existing vendors identified in the survey are protected from eviction or relocation until the survey is completed and certificates are issued. This protection depends on facts, and vending in a place where it is clearly not permitted may still be acted upon following the procedure under the law.
It is the document issued under the Street Vendors Act that permits a vendor to carry on vending in a particular zone, usually with conditions on location and timing. It is the main proof of a vendor's legal status, so it should be kept safely and produced when asked by authorities.
Vending zones are identified through the plan for street vending prepared by the local authority on the recommendation of the Town Vending Committee. The Committee includes vendor representatives. The Delhi High Court has now said the vendor survey must come first, before vending zones are declared.
Talk to a verified advocate who handles these cases.
Find an advocate Civil Lawyers Help CenterThis is a news summary for general information, not legal advice. Read the full judgment or consult an advocate before relying on it.
Free, enrolment-checked profile. Client requests in your practice area, no commission on your fees, a free case diary and your court group. Apply in about 10 minutes.