HC to hear daily pleas challenging constitution of TVCs in Delhi

  • | Monday | 24th January, 2022

New Delhi, Jan 24 (PTI) The Delhi High Court Monday said it will hear on a daily basis, a batch of pleas challenging the constitution of all Town Vending Committees (TVC) in the national capital under the Street Vendors Act and asked the Delhi government to address the issue.“We want to first deal with the issue of constitution of TVCs by the Delhi government, which according to the petitioners was bad,” a bench of Justices Vipin Sanghi and Jasmeet Singh said.Besides the issue of the constitution of TVCs, the pleas have also raised a challenge to the validity of the Street Vendors Act, its implementation, certain provisions of the Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019 and other connected issues raised by various market associations and vendors and hawkers.The high court said it will commence hearing the matter on a day-to-day basis from Tuesday.When senior advocate Rahul Mehra, representing the Delhi government, wished to address submissions on the issue of the validity of the Act, the bench said it does not want to hear arguments on that as it has already heard the Centre’s counsel.“Justify constitution of TVCs first. Don’t forget you are here to assist us. You will assist us in the manner in which we want you to assist us. We are telling you to first advance arguments on the constitution of TVCs,” the bench said.Mehra urged the court to dispel the notion that the Delhi government was trying to delay the matter and said there was not like that and he was ready for a day-to-day hearing.The petitioners have challenged the constitution of TVCs in the areas falling under New Delhi Municipal Council, North MCD, South MCD, and East MCD on the ground that there are several irregularities in the constitution of TVCs and inconsistencies in the Street Vendors scheme.The high court had earlier said that street vendors who are a societal necessity have a fundamental right to vend or hawk but it comes with certain restrictions and it has to be balanced with others" rights.It had said a large section of society depends on hawkers to buy fruits, vegetables, clothes, and other household items but this does not mean that they can be allowed to affect the rights of others and that the city cannot be held ransom. The Centre has opposed the pleas by various market associations challenging the vires of the Street Vendors Act and said the petitions were “clearly misconceived and deserve to be rejected”. “The present petition having been filed by various associations of traders and shopkeepers on the principal ground of violation of their rights and entitlements under Article 19(1)(g) of the Constitution would otherwise be not maintainable in terms of the admitted settled legal position in this regard,” the Centre has submitted.It has said the Street Vendors Act is a welfare legislation aimed at enabling the meaningful exercise of the fundamental right to vend or hawk as well as regulating it and the enactment has been enacted by Parliament which is possessed with requisite legislative competence to do so. Senior advocate Sanjeev Ralli and lawyer Mohit Mudgal, appearing for New Delhi Traders Association, which represents shop owners and operators in the Connaught Place area, had earlier said no hawker can defeat the rights of other citizens who also have fundamental rights. PTI SKV SKV RKS RKS


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