The Delhi High Court recently banned street vendors from selling pan masala, gutka, cigarettes or other tobacco products in the vicinity of schools, observing that such products were harmful to children and could not be sold near educational institutions where young students were studying.
The Division Bench of Justice Prathiba M Singh and Justice Vikas Mahajan passed the order last week on a petition filed under Article 226 of the Constitution by a street vendor seeking protection against alleged interference by officials of the Municipal Corporation of Delhi (MCD) and the Delhi Police in carrying on his vending business near the VIP Gate of Nizamuddin Railway Station.
The petitioner submitted that he had been vending from the site for several years and possessed a valid provisional Certificate of Vending (CoV) issued under the category of “Food/Snack with gas cylinder/fire” for the Central Zone, Ward S-55. He contended that despite holding a valid CoV, officials were repeatedly preventing him from carrying out his vending activities.
However, photographs produced by the MCD showed that the petitioner was selling pan masala, gutka, cigarettes and similar products at the site. The Court also found that he had failed to maintain cleanliness and hygiene around the vending area.
Relying on its earlier decision in Ram Prasad (deceased) through his daughter Rita Devi v. Municipal Corporation of Delhi, where directions had been issued for removal of vendors selling gutka, pan masala and similar products outside schools, the Bench held that the petitioner could not be permitted to sell tobacco products in the vicinity of Mata Sushila Malhotra DAV Primary School, where young children study.
At the same time, taking note of the petitioner’s valid CoV, the Court directed the MCD to identify an appropriate alternative location from where he could continue his vending business without obstructing access to the school.
The Bench directed the MCD to ensure that the petitioner did not obstruct the entry or exit of students, parents or school staff. It further restrained the petitioner from selling pan masala, gutka, cigarettes or any other tobacco products outside or near the school.
The Court also directed him to confine his vending activity to the designated space, avoid encroaching upon pedestrian pathways, maintain cleanliness and hygiene at the site, keep a dustbin near the vending stall, use only a small gas cylinder that does not occupy excessive space, refrain from creating any third-party interest or subletting the CoV, and not raise any permanent or temporary structure at the vending site.
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