Judgment delivered by the Honorable High Court of Delhi in a matter relating to the arbitrary notice issued by the Municipal Corporations against the cut fruit vendors-
By an arbitrary notice issued in the month of April 2014, the three Municipal Corporations of Delhi (East, South and North) prohibited the sale of cut fruits and any other article of food or drink exposed to dust and flies as also sale of sugarcane for a period of six months on the ground that the consumption of such cut fruits and juices leads to the spread of disease like Cholera among the consumers.
In the month of May, 2014, NASVI filed a writ petition in the Hon’ble High Court of Delhi against the arbitrary notices issued by the Municipal Bodies against such cut fruit vendors and sugar cane/juice vendors to stop their vending.
After hearing both the parties the court said that the public notices issued by the Municipal Corporations of Delhi need not remain in place in view of the fact that the specific provisions have been made with regard to food safety and sanitary and hygiene requirements for street food vendors under the provision of the Food Safety and standards Act, 2006 as also the Food Safety and Standards Regulations, 2011. The Court also said that the sale of food items including cut fruits and sugarcane would be covered under the Food Safety and Standards Act, 2006. In other words the Food Safety and Standards Act, 2006 provides the umbrella provisions for food safety and standards concerning both large manufacturers and street vendors.
Consequently the Hon’ble High Court of Delhi quashed the public notices issued by the Municipal Corporations and was pleased to pass the judgment in favour of NASVI setting aside the notices in the light of FSSAI Act 2006.
It is a historic judgment which categorically stops Municipal Bodies to put up any circulars to ban food vendors from vending.
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Food Vendors Judgement High Court August 2014 Click Here to Download.