Civic bodies must give seizure details of vendors within 24 hours: Delhi HC

The Delhi High Court has told the MCD and NDMC to issue seizure details to street vendors within 24 hours and record seizures on video. The order reinforces statutory safeguards for vendors while pushing civic bodies to maintain clear, accountable records.

In Short

• HC says seizure details must list goods, date, shelf number, fines, officer details
• Mandates videography of seizures by MCD, following NDMC practice
• Disposes of plea after ensuring compliance with Street Vendors Act

The Delhi High Court has directed the MCD and the NDMC to issue seizure memos to street vendors within 24 hours of seizing their goods and to videograph the seizure process. The court said the memos must include the date of seizure, the list of goods taken, the shelf numbers where the items are kept, any penalty or fine to be paid, and details of the officer concerned.

The order was passed on September 10 by a bench of Justices Prathiba M Singh and Vikas Mahajan while hearing a petition on seizures of street vendors' goods by the Municipal Corporation of Delhi and the New Delhi Municipal Council in cases of violations by vendors.

The petitioner organisation, Rehri Patri Ekta Manch, told the court that whenever such seizures are carried out, no seizure memo is prepared by the MCD and NDMC and vendors are not given a list of the goods seized. The plea said that only a receipt for payment of fine is issued in the evening after the seizure.

Counsel for the MCD and NDMC submitted that the usual process is to first carry out the seizure and prepare the seizure memo later in the evening. They said that if officials prepare the memo on the spot, other vendors in the area will come to know about the action and escape seizure after committing violations.

The NDMC's counsel also told the court that the authority maintains a proper warehouse for storing seized goods and that vendors' items are kept on specific shelves. He said the relevant shelf number is mentioned in the receipt given to the vendor, and that the goods are released after payment of the fine.

He added that videography or photography of the seizure is also done by officials, depending on the resources available at the time.

In its order, the high court noted that both the MCD and the NDMC are expected to follow Section 19 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. The provision requires that when a seizure is carried out, a list of the goods seized must be prepared and a copy must be given to the vendor.

The court said, "Accordingly, considering the difficulties expressed by the authorities that if seizure memos are prepared on spot, other vendors who are in the area tend to escape action, the MCD and NDMC are permitted to issue seizure memos, in accordance with law within an outer limit of 24 hours from the seizure."

It also directed the MCD to carry out videography and photography during seizures, as is being done by the NDMC.

On the issue of the constitution of Town Vending Committee-II, counsel for the MCD said 23 members had been elected so far. He told the court that the list of nominated or designated members from various zones was still awaited and, once received, the names would be sent to the Delhi government for notification of TVC-II.

The court asked for the process to be expedited and disposed of the petition.

- Ends