HC sets aside MCDs public notice banning sale of edibles in

The Delhi High Court today set aside the public notices issued by municipal bodies banning sale of sugarcane juice and cut fruits in the open without any licence, saying the legislation is already in place to ensure safety and standards of edibles and beverages sold by street vendors is maintained.
A bench of justices Badar Durrez Ahmed and Siddharth Mridul also said that since a survey of street vendors has not yet been completed, therefore "no street vendor can be evicted".
It also said that the Food Safety and Standards Authority of India (FSSAI) and its officers "are fully empowered" to ensure street vendors follow "the prescription of law as per the Acts and regulations".

"After going through the various Acts and Regulations (on food safety and street vendors), we are of the view that the public notices issued by the municipal corporations of Delhi (MCDs) need not be in place in view of the fact that specific provisions have been made with respect to maintenance of safety and hygiene of food.
"Insofar as street vending is concerned, subject matter is entirely covered by Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. It is an admitted position that survey not yet been completed. Therefore, provisions of the Street Vendors Act will be applicable and no street vendor can be evicted," the court said.

The bench also said that the public notices "are too general and special provisions are already indicated in the Acts and Regulations, which will take precedence".
"FSSAI will take action whenever there is requirement to ensure maintenance of food safety and standards," the court added.
The court was hearing a PIL filed by the National Association of Street Vendors of India (NASVI) alleging that the public notices banning sale of such food items were issued "arbitrarily without any relevant material in place and the same is ultra-virus to the parent statutory provision under the DMC Act.