New Delhi: The Delhi High Court has pulled up the Municipal Corporation of Delhi (MCD) for delaying a vending certificate for a visually impaired fruit seller for several years and has summoned the civic body’s commissioner. The case relates to Bharat Bhushan, a 50-year-old man who is 100 per cent visually impaired. He has been trying since 2018 to get a Certificate of Vending (CoV) for his fruit stall at Sultanpuri bus stand in northwest Delhi.
Without the certificate, Bhushan cannot get an electricity connection or set up a permanent stall. He currently runs a mobile fruit cart.
Despite several court orders in the past, the MCD has not issued the certificate to him yet.
Taking a serious view of the delay, the high court said the situation showed a failure in the functioning of the civic body.
“The Petitioner, who is a 100% visually disabled person, has been made to run from pillar to post by the MCD.” The court also said, “MCD appears to be working in the most dysfunctional manner.”
A bench of Justices Prathiba Singh and Madhu Jain was hearing Bhushan’s plea seeking the certificate, which is issued by the Town Vending Committee (TVC). The certificate allows street vendors to run their business legally at a fixed location, as per Indian Express report.
The TVC works with the MCD to regulate street vending in the city.
Earlier, the court had directed the MCD to conduct a survey of street vendors so that eligible people could be given CoVs. In April 2023, the court had asked the MCD to complete the survey within 24 weeks.
However, the survey has still not been completed. Because of this, many vendors, including Bhushan, have not received their certificates.
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The court said this delay has left people like Bhushan to “continue to be harassed”. “There are no timelines given by the MCD as to when the survey is to be completed. The MCD appears to be working in the most dysfunctional manner,” the court said.
In its latest order dated March 12, the court directed the MCD commissioner Sanjeev Khirwar to appear in person in court at 10.30am on the next hearing date, which is April 9.
The court also gave relief to Bhushan, saying his stall should not be disturbed by the MCD or Delhi Police. It further ordered the MCD to pay him Rs 20,000 within a week to cover the expenses he has faced due to repeated court visits. This is in addition to Rs 10,000 that was ordered earlier.
Earlier, in January 2023, the TVC had allowed Bhushan to continue selling fruits at the location without a certificate, but with certain conditions. He was told not to build any permanent structure or block roads and footpaths.
Bhushan had also taken part in a survey conducted last year, but he still has not received the CoV. The court had earlier also asked the MCD to explain why the certificate had not been issued despite multiple orders. The matter will now be heard again on April 9.
