The Delhi Court stayed enforcement of the AAP's amended rules regulating street vending activities.
The Delhi High Court today stayed enforcement of the AAP government's amended rules and scheme for regulating street vending activities in the national capital and to protect rights of urban street vendors.
A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal put on hold the Delhi government's January 7, 2016 decision, saying it is "prima facie satisfied" that the scheme was "contrary to the statutory scheme".
"It is not disputed before us that the Town Vending Committees (TVC) have been constituted so far only for NDMC and Cantonment Area vide proceedings dated May 4, 2016 and the other Committees are yet to be constituted.
"Admittedly, the Scheme under the Act was notified much prior to that on January 7, 2016. In the light of the admitted facts and having regard to the plain and unambiguous language of the Act, we are prima facie satisfied that the Scheme dated January 7, 2016, which was formed even before the constitution of the TVC is contrary to the statutory scheme," it noted.
"...In these circumstances, we consider it appropriate to stay the enforcement of the Scheme dated January 7, 2016 made under Section 38(1) of the Act until further orders," it said.
The court's order came on batch of petitions filed by some NGOs and traders associations seeking implementation of the provisions of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 as well as the rules and the scheme made thereunder by the Delhi government.
They prayed that the court should monitor implementation of the provisions of the Act until certificates of vending are issued to the street vendors and the grievance redressal and dispute resolution committee as provided under the Act becomes functional.
According to the Act, the government shall constitute a TVC under each municipal corporation.
This means, Delhi will have five TVCs - one each under the East, South and North corporations, New Delhi Municipal Council (NDMC) and Delhi Cantonment Board (DCB).
The validity of a hawker's certificate will be for nine years from the date of issue, after which they will have to submit fresh applications to the TVCs for renewal.