The Delhi High Court on Friday withdrew the Delhi government for failing to prepare the legal street selling scheme saying enough policies and ‘cynicism’ had been done and questioned the formation of the City Selling Commission (TVC) for the NDMC district. The court said that the administration could not impose ransom on the city by street vendors and affirmed that it had ordered the removal of illegal street vendors from the Connaught Place area where the law must be applied as in the no-hawk zone.
“Please get down to some real business. Enough of the politics. Where is the (street-selling) plan? You need to come up with the plan first. Unfortunately, we say with great pain that you people don’t act the way the Street Sellers Act is framed. People benefit. From him. You are unable to make progress. “If you would have done it in good faith, things would have been different today,” said one of the judges, Vipin Sangi and Jasmeet Singh. “We will not understand our words.” “Don’t play politics. We mean work. We are giving you one chance to fix your ways now,” Badal told the Delhi government attorney.
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The seat also raised questions about the way in which the TVC of New Delhi Municipal Council (NDMC) was formed which includes representatives from small markets but excludes larger stakeholders such as shopkeepers in Connaught Place, Sarojini Nagar, Khan Market, Janpath, Gol Market, and Bengali Market. She did not work seriously while forming this ad. You are configuring the TVC for the NDMC District and you do not include representatives from Connaught Place and Sarojini Nagar. We think the whole process is a mess. The way it works is completely wrong. The way the television was formed, we are sorry to say, but it seems to be a complete mockery, she said, adding that you cannot hold the city administration a ransom into their own hands.
Court remarks came while hearing a petition by the New Delhi Merchants Association, which represents shopkeepers and operators in Connaught Place (CP), seeking a strike by the National Capital Territory Government in Delhi on Street Vendors (Protecting Livelihoods and Regulating Street Selling Scheme), 2019 The Supreme Court issued a Notice and requested the response of the Government of Delhi and the NDMC to the petition and directed the Government of Delhi to specifically mention in the affidavit the justification of the existing TVC Constitution for the NDMC District.
It also asked the government to state the background of the NGO members, including the field in which they work and the causes they address. The Assembly, represented through Senior Advocate Sanjeev Raleigh and Advocate Mohit Mudgal, sought to rescind the 17 September 2019 notification of the Government of Delhi to form a television advertisement for the entire NDMC District.
Raleigh argued that there is no legal scheme for street selling as provided under the Street Vendors Act, and this needs to be prepared by the NDMC, approved and notified by the Government of Delhi. He also argued that about 16 organized markets are declining in the NDMC area as a large number of visitors come every day and members of these markets need to be represented in TVC for a balanced and fair decision as to which areas are to be allocated for sale and restricted sale and there are no selling areas, but two market associations are included in TVC versus 12 Street Vendors and the Street Vendors Association who were included as members of the committee.
Chief Advocate Rahul Mehra and Permanent Counsellor Santosh Kumar Tripathi, who represents the Delhi government, said that due to the COVID-19 pandemic, people’s backs have been broken, now it’s Diwali time, sellers were supposed to make some money and be removed and heaven would not fall if it was done. Take any action after the festival. It’s festival period I ask only one week. These people are from the lower classes and if they are saved for a week, they will be able to earn some money during the festival and help their families. They will only bless us. Please amend the order (remove peddlers and street vendors), introduce Mehra.
The court, making it clear that it was not against street vendors, said why things are not being simplified, whether it is Diwali or not. Why should there be illegal peddlers, peddlers, and tehbazaris at all He added that the law cannot be ignored because it is Diwali time. In the spirit, we find street vendors. They are part of our culture, we are not against them. We still buy fruits and other things from street vendors. They are an essential part of society and no one is saying that they have been expelled from society. They have fundamental rights but there is no absolute fundamental right. And the court said we need to balance that with the rights of others.
She said that the scheme was implemented incorrectly and that the current TVC was heavily controlled by vendors so it would not be able to function properly. When Mehra said the court was misled earlier by Raleigh and NDMC advisor Harsha Pechara, the bench said, ‘Don’t worry, we don’t tarry easily, so trust us’ and he also explained that it was wrong to bring charges against the respective defenders.
Today we are obligated to implement the No-Hawk Zone Law. Until the time it becomes a restricted area, regardless of the law, you must implement it. She added that if you have the power to amend the law, do so, but until the time for the law comes, you must implement it.