New Delhi, Aug 6 — The Delhi High Court has directed the Delhi Police to take action in accordance with the law against street vendors found selling suspected counterfeit products of well-known brands such as Louis Vuitton, H&M, Zara, Allen Solly, Puma, and Calvin Klein in the Karol Bagh area.
A division bench of Justices Prathiba M. Singh and Vikas Mahajan passed the direction while dealing with a plea filed by 24 street vendors holding provisional Certificates of Vending (CoVs), who had sought protection against alleged harassment by the Municipal Corporation of Delhi (MCD) while carrying out vending activities in the Karol Bagh area.
During the hearing, the MCD placed photographs on record showing that several petitioners were vending in the notified no-vending and no-hawking stretch of Ajmal Khan Road.
The photographs also showed vendors selling garments and other merchandise bearing the names of well-known brands, including Louis Vuitton, H&M, Zara, Allen Solly, Puma and Calvin Klein.
Taking note of the material, the Justice Singh-led Bench observed: "If the products sold by the petitioners are counterfeit products or passed-off products, the same would constitute an illegal and unlawful activity, in terms of standard Condition No.10 of the COV. However, this issue is not before this Court, but the Court also cannot turn a blind eye to it."
The Delhi High Court directed the Station House Officer (SHO), Karol Bagh Police Station, to take action against the petitioners, as well as other vendors in the area, found selling counterfeit products of well-known brands and thereafter proceed in accordance with law.
It also held that none of the petitioners could be permitted to squat or vend on the stretch of Ajmal Khan Road between Karol Bagh Police Station and Karol Bagh Metro Station, which has already been declared a no-vending and no-squatting zone.
"None of the petitioners can be permitted to squat or vend in the concerned area, i.e., Ajmal Khan Road from P.S. Karol Bagh to Karol Bagh Metro Station, which has been declared a completely No-Vending and Non-Squatting Zone," the Justice Singh-led Bench said.
The MCD submitted that all 24 petitioners had been issued provisional CoVs only as mobile vendors and had not been allotted any fixed tehbazari sites. It also stated that mobile vendors are required to operate strictly in accordance with the conditions of their vending certificates, including remaining mobile and vending only in permitted areas.
After examining the photographs and the status report, the Delhi High Court observed that several petitioners, despite being mobile vendors, were stationary and carrying out vending activities in the prohibited no-vending zone.
It directed that the petitioners will operate strictly as mobile vendors in accordance with the terms and conditions of their CoVs and will not carry out vending activities in any notified no-vending or no-hawking area. It further ordered that if any petitioner is found vending in such prohibited areas, the MCD and the SHO concerned shall ensure their removal to prevent obstruction to pedestrians and ensure unhindered access to Karol Bagh Metro Station.
The bench also took note of the submission that mobile vendors are often unaware of notified no-vending zones due to the absence of proper signboards.
Observing that several such zones may remain "no-vending" only on paper unless signage is installed on the ground, it said Town Vending Committee-II, after its constitution, should install boards identifying no-vending and no-squatting areas.
However, the MCD informed the Delhi High Court that appropriate signage has already been installed on Ajmal Khan Road indicating that it is a no-vending and no-squatting zone.
Subject to compliance with the conditions of their CoVs and the additional directions issued by the High Court, the petitioners were permitted to continue their mobile vending activities outside the prohibited zones.