Suraj Pal Kushwaha vs. Dharmendra and Others
Background
Suraj Pal Kushwaha, a street vendor selling garments near Sarojini Nagar market since 1988, had earlier obtained a court order that he should not be disturbed in his vending activities so long as he followed applicable rules, pending a final decision on his Certificate of Vending (COV) by the New Delhi Municipal Council (NDMC). He filed a contempt petition alleging the order had been violated.
Decision Breakdown
The Court found that NDMC had, in fact, already issued Kushwaha a Provisional Certificate of Vending following the required survey, and had not taken any action to remove or disturb him. Since the earlier order had been complied with, the Court declined to pursue contempt, but directed that he continue to remain undisturbed as long as he abides by the terms of his provisional certificate, clarifying that authorities may act if he changes his vending location or violates the conditions.
Lesson Learnt
A street vendor holding a provisional vending certificate is protected from harassment or removal so long as they follow its conditions, but this protection is conditional, not an unrestricted or permanent right to occupy a particular spot.