Lok Sabha Question No. 1541 (UNSTARRED), answered on 2016-05-03
Subject: Unlicensed Shops
Ministry: HOME AFFAIRS
Asked by: RAM TAHAL CHOUDHARY, PRATAPRAO GANPATRAO JADHAV

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 1541

TO BE ANSWERED ON THE 3 RD  MAY, 2016/VAISAKHA 13, 1938 (SAKA)

## UNLICENSED SHOPS

1541. SHRI RAM TAHAL CHOUDHARY: SHRI PRATAPRAO JADHAV:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether the Delhi High Court has taken cognizance of the unlicensed shops/ stalls selling food on the footpaths in the NCT of Delhi and if so, the details thereof;

(b) the provisions for stopping unlicensed shops/stalls from plying their trade;

(c) the role of tehbazari in this matter; And

(d) the reaction of the Government regarding non-compliance of tehbazari rules?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HARIBHAI PARATHIBHAI CHAUDHARY)

(a):  Yes, Madam.  The Directorate of Local Bodies (the nodal department in respect of all the three Delhi Municipal Corporations) and New Delhi Municipal Council (NDMC) has informed that the Hon'ble High Court of Delhi has taken cognizance of the unlicensed shops/stalls selling food on footpath  in  NCT  of  Delhi.    The  High  Court  of  Delhi  has  issued  several directions  regarding  street  vending  and  food  safety,  in  the  following cases:

## LS.US.Q.No. 1541 FOR .3.05.2016

(i)  Writ  Petition  No.6087/2012  titled  as  'Residents  Welfare  Association Vs. South Delhi Municipal Corporation & Ors.'

- (ii) PIL Writ Petition No.1139/2016 titled as 'Sanser Pal Singh Vs. North

Delhi Municipal Corporation & Ors.', (iii) Writ Petition (Civil) No.9284/2014; and

(iv) Writ Petition (Civil) No.4303/2014 in C.M. No.8645/2014.

(b):    The  Directorate  of  Local  Bodies  has  informed  that  action  against unlicensed shops is taken under Section 417 read with Section 461 of the Delhi Municipal Corporation Act, 1957 which provides for a fine up to Rs.  1000/-.    As  regards  stalls  or  other  unlicensed  Tehbazari  holders, action  against  them  is  taken  by  treating  them  as  encroachers  under Section 321/322 of the DMC Act, 1957.

The New Delhi Municipal Council (NDMC) has informed that the Health Enforcement Unit regularly conducts raids in the morning and evening shift  and  removes  unauthorised hawkers/vendors selling food items on footpaths in NDMC area.

(c):    'The  Street  Vendors  (Protection  of  Livelihood  and  Regulation  of Street Vending) Act, 2014' has been promulgated which deals with all

## LS.US.Q.No. 1541 FOR 03.05.2016

such type of matters and all tehbazari operating within the territory of Delhi.  As per the dictate of the Act, Town Vending Committee is yet to be  formed  and  all  the  tehbazari  operating  within  the  territory  of  Delhi shall be regulated  as per the provisions of this Act.

The New Delhi Municipal Council has informed that no such permission to  carry  out  licensable  trade  is  usually  granted  under  tehbazari  by  the Enforcement Department.

(d):    The  Street  Vendors  (Protection  of  Livelihood  and  Regulation  of Street  Vending)  Act,  2014  has  come  into  force  and  necessary  action against  non-compliance  of  the  Act  is  taken  against  the  Tehbazari holders.

The Enforcement Department of New Delhi Municipal Council (NDMC) takes action in this regard as and when any violation is noticed.

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