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Delhi Master Plan 2021 Challenged Before High Court As Ultra Vires Street Vendors Act

Akshita Saxena
11 Nov 2021 8:12 AM GMT
Delhi Master Plan 2021 Challenged Before High Court As Ultra Vires Street Vendors Act
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The National Hawkers Federation has moved the Delhi High Court challenging certain provisions of the Delhi Master Plan 2021, insofar as they are (allegedly) in direct contravention of the Street Vendors Act, 2014. The Division Bench of Chief Justice DN Patel and Justice Jyoti Singh today issued notice on the petition, while posting it for hearing on January 11, 2022. The plea...

The National Hawkers Federation has moved the Delhi High Court challenging certain provisions of the Delhi Master Plan 2021, insofar as they are (allegedly) in direct contravention of the Street Vendors Act, 2014.

The Division Bench of Chief Justice DN Patel and Justice Jyoti Singh today issued notice on the petition, while posting it for hearing on January 11, 2022.

The plea filed though Advocates Kawalpreet Kaur, Haider Ali and Oindrila Sen, states that the 2021 Master Plan, which was approved in the year 2007, does not take into account the 2014 Act.

For instance, whereas Section 3 (Town Vending Committees) of the 2014 Act enables TVCs to ensure that all existing street vendors are accommodated in the vending zones, the Master Plan is silent as to their role.

Instead, Section 5.10 (Informal Sector) of the Master Plan empowers local agencies and RWAs to regulate street vending.

Similarly, Section 21 (Plan for Street Vending) of the 2014 Act contemplates promotion of vocation of street vendors in consultation with TVCs. However, planning norms under Section 5.10.5 of the Master Plan does not take this into account.

Thus, the Petitioner has challenged the Sections under the head 5.10 of the informal sector including Sections 5.10.1, 5.10.2, 5.10.3, 5.10.4 and 5.10.5 of the Master Plan 2021 as ultra vires to the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

It is urged to substitute the aforesaid Sections in the Master Plan 2021 with the Sections in line with the Section 3 and 21 of the 2014 Act.

Significantly, this Petitioner has also challenged the Draft Delhi Master Plan, 2041 insofar as only 45 days' period was allotted for stakeholder consultation.

Case Title: National Hawkers Federation v. DDA

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