Delhi High Court has issued important instructions regarding confiscation of goods of street vendors. The court has ordered the Municipal Corporation (MCD) and New Delhi Municipal Council (NDMC) to provide the seizure memo to the street vendors within 24 hours of their goods being seized. Along with this, the court has also directed to do video recording of the entire process of seizure. This order of the court is being seen as a big relief and important victory for the street vendors.
Hearing on public interest litigation
A PIL was filed in the Delhi High Court on behalf of 'Rehdi-Patri Ekta Manch'. It was alleged in the petition that during the action, the goods of street vendors are confiscated, but they are not provided the memo of the seizure. While hearing the petition, the High Court gave clear instructions to MCD and NDMC to ensure transparency in the seizure process.
Delhi HC strict on confiscation of goods of street vendors
Delhi High Court has issued important instructions regarding the process of confiscation of goods of street vendors. A bench of Justices Pratibha M. Singh and Vikas Mahajan has ordered that the Municipal Corporation (MCD) and New Delhi Municipal Council (NDMC) should video record the entire process while seizing the goods of street vendors. The court also made it clear that the memo of the seized goods should be provided to the concerned street vendor within 24 hours. This order of the court is being seen as a big relief and important victory for the street vendors.
Complete information will have to be recorded in the memo
The High Court has also clarified the information to be recorded in the seizure memo. The date of seizure, complete list of seized goods, information about the place where the goods are kept and shelf number will have to be recorded in the memo. Apart from this, other important details related to the seized goods and details of the officer involved in the seizure process should also be included in the memo. This will bring transparency in the seizure process and vendors will be able to get clear information about the status of their goods.
The court has said that if any fine is imposed on a street vendor, its information should also be made available to him. Along with this, the name of the officer related to fine and other necessary details should also be given to the vendor. According to the court, recording all the necessary details related to the seizure process will ensure transparency and accountability in the action. The High Court gave this order on September 10 during the hearing on the PIL filed by 'Rehri-Patri Ekta Manch'. In the petition, the process of confiscation of goods was challenged on the allegation of violation of the rules of street vendors.
MCD-NDMC explained its process
During the hearing, the counsel for MCD and NDMC presented their arguments before the court. He said the goods are seized at a scheduled time and officials prepare seizure memos on the spot. But during this time other vendors get wind of the action, due to which there is a possibility of them escaping from the spot. Lawyers said that under the current process, the goods are confiscated first and in the evening, a receipt for the fine is given along with the seizure memo. Warehouses are arranged to store the confiscated goods and each vendor's goods are placed on designated shelves.
The number of the concerned shelf is also recorded in the receipt given to the vendors. After depositing the fine, the seized goods are returned to the concerned vendor. Following the instructions of the High Court, now video recording of the entire process of seizure will have to be done and the seizure memo will have to be provided to the vendor within 24 hours. This will help in maintaining a clear record of seized goods as well as ensuring transparency and accountability in the action.
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