The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to identify a suitable site outside the National Highways Authority of India (NHAI) area where a street vendor with 90% locomotor disability can operate as a stationary vendor.
A Division Bench of Justice Prathiba M. Singh and Justice Vikas Mahajan observed that a person suffering from locomotor disability cannot reasonably be expected to operate as a mobile vendor, given the physical limitations involved. The Court therefore permitted the vendor to operate as a stationary vendor in the exceptional circumstances of the case.
The Court directed the Assistant Commissioner, MCD concerned, to identify a space that does not fall within the NHAI area within two weeks and communicate the location to the vendor. The vendor was directed to comply with the terms and conditions of the Certificate of Vending, except condition 11.
The Court noted that the Rights of Persons with Disabilities Act, 2016 requires reasonable accommodation for persons with disabilities. It also referred to the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2015, which provides preference in allotment of vending sites to persons with disabilities, including a 3% allocation of vending sites in all categories.
The Court further directed that, once the Town Vending Committee-II is constituted, it should take a policy decision regarding the treatment of vendors with disabilities and ensure compliance with the statutory framework on reasonable accommodation.
The petition was accordingly disposed of, subject to any policy decision taken by the TVC-II after its constitution.
