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The Division Bench of Chief Justice DN Patel and Justice Jyoti Singh of the Delhi High Court has issued notice in a matter pertaining to a Street Hawkers Association’s plea to amend certain provisions of the Master Plan 2021.

The Delhi Master Plan 2021 has been prepared to provide regulations for development and building activity in the national capital.

The petitioner has challenged the provisions for being ultra vires to the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

The petitioner, the National Hawkers Federation, is an association of street vendors across 28 states in the country, with, 1,188 Unions, including 11 Central Trade Unions abroad.

The petitioner has filed the petition praying to quash and set aside limited Sections of the DDA Master Plan, 2021 which are in direct contravention to Section 3 and 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

“The Delhi Master Plan of 2021 doesn’t take into account the existing provisions in the Act introduced by the Parliament with regard to street vendors and hawking,” the petition states.

The Petitioner has sought the quashing of the Sections 5.10.1, 5.10.2, 5.10.3, 5.10.4 and 5.10.5 of the Master Plan 2021 on the following grounds:

• Sections violate and are manifestly arbitrary in light of the Section 3(2) and Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
• The objective of the said Street Vendors (Protection of Livelihood and Regulation of Street Vending Act 2014, can be summarised as aiming to provide for and promote a supportive environment for the urban street vendors to carry out their vocation while at the same time ensuring that vending activities do not lead to overcrowding and unsanitary conditions in public spaces and streets.
• All the urban street vendors in the State shall continue to suffer irreparably which would result in an absolute miscarriage of justice.

Thus the petitioners have prayed for setting aside the Sections of the Master Plan and substituting the said Sections with Section 3 and 21 of the Protection of Livelihood and Regulation of Street Vending Act 2014.

Section 3(2) of Street Vending Act talks about Town Vending Committees under which all existing street vendors are accommodated in the vending zones conforming to two and half per cent of the population of the ward or zone or town or city, as the case may be, in accordance with the plan for street vending and the holding capacity of the vending zones.

Under Section 21 every local authority prepares a plan to promote the vocation of street vendors covering the matters contained in the First Schedule, every five years.

Following are the relevant provision of Master Plan which have been challenged:

• 5.10 INFORMAL SECTOR: 5.10.1 POLICY FOR EXISTING AREAS which talks about spill over of stationary informal on the right of way. ii) The areas of informal sector shall have suitable public conveniences and solid waste disposal arrangements. iii) Formulation of guidelines for schemes would include 'Hawking' and 'No Hawking' Zones.. v) Defining the role and responsibility of NGOs along with specific obligations on part of hawkers towards the society.

• Under Section 5.10.2 ORGANISED INFORMAL SECTOR PLACES (Haat) Talks about the need to provide for organised informal eating-places along with casual shopping, etc. to be located strategically in the city and at the following locations:
• Under Section 5.10.4 WEEKLY MARKETS Planning parking and other open spaces within the weekly markets and commercial centres should be so planned that weekly markets can operate in these areas.

Cause Title: National Hawkers Federation vs Delhi Development Authority