Delhi HC Orders MCD, NDMC To Issue Seizure Memos To Street Vendors Within 24 Hours

The Delhi High Court has directed the MCD and NDMC to issue seizure memos to street vendors within 24 hours of confiscating their goods and ordered the MCD to videograph or photograph the seizure process.

A bench of Justices Prathiba M Singh and Vikas Mahajan said the seizure memo must clearly record the date of seizure, details of the goods confiscated, the shelf number where the goods are stored, any penalty or fine payable and the details of the officer responsible.

The order was passed on September 10 while hearing a public interest litigation concerning the seizure of goods belonging to street vendors by the Municipal Corporation of Delhi (MCD) and New Delhi Municipal Council (NDMC) for alleged violations.

HC Cites Street Vendors Act

The petition was filed by Rehri Patri Ekta Manch, which alleged that MCD and NDMC officials often seize vendors’ goods without preparing or providing a seizure memo. According to the plea, vendors were given only a receipt for payment of the fine later in the evening, without a list of the goods seized.

Counsel for the civic bodies argued that preparing seizure memos on the spot could alert other vendors in the area, allowing them to escape before action was taken. The authorities therefore said seizures were carried out first, with the memo and fine receipt prepared later.

The court, however, noted that Section 19 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 requires authorities to prepare a list of seized goods and provide a copy to the vendor.

Taking into account the authorities’ concerns about vendors escaping action, the court allowed MCD and NDMC to issue the seizure memos within an outer limit of 24 hours instead of immediately at the spot.

MCD Told To Videograph Seizures

The court also directed the MCD to undertake videography and photography during seizures, bringing its practice in line with the NDMC.

NDMC had told the court that seized goods are stored in designated warehouses and placed on specific shelves, with the relevant shelf number mentioned in the receipt. The goods are released to vendors after payment of the prescribed fine.

The court also directed authorities to expedite the constitution of Town Vending Committee-II (TVC-II). MCD told the court that 23 members had been elected and that the list of nominated or designated members from various zones was awaited.

Once the list is received, the names are to be forwarded to the Delhi government for notification of TVC-II. The court directed that the process be completed as quickly as possible before disposing of the petition.