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* 	IN THE HIGH COURT OF DELHI AT NEW DELHI 
Date of decision: 3rd September, 2026 Uploaded on: 7th September, 2026 
# 	CNR No. DLHC010599482024 
+ 	W.P.(C) 12697/2024, CM APPL. 60249/2024, CM APPL. 60250/2024, CM APPL. 16216/2025 & CM APPL. 16217/2025 
KISHAN CHAND AND ORS. .....Petitioners Through: Mr. Sanjay Baniwal and Mrs. Manisha, Advs. 
versus 
MUNICIPAL CORPORATION OF DELHI AND ORS. .....Respondents 
Through: 	Ms. Shweta Priya, Adv. for MCD. Mr. Sanjay Kumar Pathak, Standing Counsel with Mr Sunil Kumar Jha, Mr M S Akhtar and Mr Kushagra Dixit, Advs. for LAC. Ms Arunima Dwivedi CGSC, Ms Himanshi Singh, Ms Monalisha Pradhan, Mr Suman Ghosh and Mr. Amit Acharya, GP for UOI. Ms. Vaishali Gupta, Panel Counsel (Civil) GNCTD with Ms. Rashi Aggarwal, Adv. for R-4. 
CORAM: 
JUSTICE PRATHIBA M. SINGH 
JUSTICE VIKAS MAHAJAN 


Prathiba M. Singh, J. (Oral) 
1. 	
This hearing has been done through hybrid mode. 

2. 	
The present petition has been filed by the Petitioners, who are 45 street 


vendors, all of whom have been issued provisional Certificates of Vending 

(hereinafter, ‘CoV’). 
3. 
The details of the Petitioners, their CoVs and category of vending as set out in Petitioner’s representation dated 9th August, 2024 made to the Respondents, is as under : 

4. 
The case of the Petitioners is that they have been vending in the ‘Sheetla Mata Market, Madangir’(hereinafter, ‘the vending area’) since several years, and they have also been paying property tax to the Municipal Corporation of Delhi (hereinafter, MCD’). 

5. 
The Petitioners’ grievance is that, despite the property tax having been acknowledged and demand notices having been raised by the MCD for property tax, their vends were demolished from the vending area on 30th July, 2024. 

6. 
The Petitioners have, therefore, approached this Court with the prayer 


Sr.No.  Name of the Street Vendor  Certificate of Vending No.  Category mentioned  Zone  
1.  Bablu  1802752  Others  South, Ward-S-79  
2.  Heera Devi  8966182  Others  South, Ward-S-79  
3.  K D Shrivastav  9108262  Others  South, Ward-S-79  
4.  Rajesh Srivastav  5865964  Others  South, Ward-S-79  
5.  Naresh Kumar  3842639  Others  South, Ward-S-79  
6.  Amar Singh  9613268  Others  South, Ward-S-79  
7.  Ashwani  2611790  Others  South, Ward-S-79  
8.  Kishan Chand  8308252  Others  South, Ward-S-79  
9.  Hukam Chand  8385659  Others  South, Ward-S-79  
10.  Ashfak Hussain  4457844  Others  South, Ward-S-79  
11.  Rajesh Kumar  4554110  Others  South, Ward-S-79  
12.  Aakash  7164974  Others  South, Ward-S-79  
13.  Mohan Lal  4311375  Food/Snack with Gas Cylinder/Fire  South, Ward-S-79  
14.  Subhash  7004665  Others  South, Ward-S-79  
15.  Shanu  2353954  Others  South, Ward-S-79  
16.  Heera Lal Reswal  9596810  Others  South, Ward-S-79  
17.  Bijender Singh  2900291  Others  South, Ward-S-79  
18.  Gulshan (Deceased)  1559698  Others  South, Ward-S-79  
19.  Pushpa Devi  5568072  Others  South, Ward-S-79  
20.  Ved Prakash  8523978  Others  South, Ward-S-79  
21.  Jitender Gupta  4455784  Others  South, Ward-S-79  
22.  Hetraj  3149649  Others  South, Ward-S-79  
23.  Vijendra Kumar  2936612  Others  South, Ward-S-79  
24.  ShaneAlam  8714494  Others  South, Ward-S-79  
25.  Hira tal  1618911  Others  South, Ward-S-79  


26.  Om Prakash  2274583  Others  South, Ward-S-79  
27.  Dileep Kumar  2991096  Others  South, Ward-S-79 South, Ward-S-79  
28.  Ramesh Kumar  6765630  Others  South, Ward-S-79  
29.  Ashok Kumar  7763085  Others  South, Ward-S-79  
30.  Chander Kala  5329216  Others  South, Ward-S-79  
31.  Jagdish  5620708  Food/Snack with Gas Cylinder/Fire  South, Ward-S-79  
32.  Om Prkash Jonwal  9749688  Others  South, Ward-S-79  
33.  Kamlesh Bharti  2090980  Others  South, Ward-S-79  
34.  Aslam  5275425  Others  South, Ward-S-79  
35.  Sabir Ali  2925023  Others  South, Ward-S-79  
36.  Zubeda  2467447  Others  South, Ward-S-79  
37.  Suleman  8342850  Others  South, Ward-S-79  
38.  Anil Kumar  4441629  Others  South, Ward-S-79  
39.  Rajendra (Deceased)  5800681  Others  South, Ward-S-79  
40.  Geeta Devi  8493862  Others  South, Ward-S-79  
41.  Murari Lal  5755900  Others  South, Ward-S-79  
42.  Madan Lal  6346162  Others  South, Ward-S-79  
43.  Jakir Ali  4192662  Others  South, Ward-S-79  
44.  Rajesh Pahadia  9091037  Others  South, Ward-S-79  
45.  Pradeep Bhatia  9670290  Others  South, Ward-S-79  


that they ought to be permitted to establish their vending units with semi­
permanent structures in the vending area, which were illegally demolished. 
7. The various prayers in the petition are as under: 
“I. Pass an order for Re-Establishment of the Vending Units/ Semi-Permanent structure of the petitioners at their fixed place/ location at "Sheetla Mata Market, Madangir" (South Zone, Ward -S-79) which have been Demolished Illegally on 30.07.2024 by the Respondents without following the proper procedure/ due process of law as enumerated in law i.e., in terms of the Section 18 
(3) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014; 
II. Pass an order directing the Respondent MCD to decide the Representation dated 09.08.2024 made by the Petitioners for rectifying/ deciding the Category of the Street Vendors as Stationary Street Vendor in terms of the Section 6 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 in the Certificates of Vending (COV) of the Petitioners; 
III. Pass an order directing the Respondent No. 1 (MCD) and Respondent No. 2 and 3 (Delhi Police) to not to stop the Petitioners from carrying out the Vending activity from their fixed place/ location at "Sheetla Mata Market, Madangir" (South Zone, Ward -S -79) which have been Demolished Illegally on 30.07.2024 by the Respondents without following the proper procedure/ due process of law as enumerated in law i.e., in terms of the Section 18 (3) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 as an Interim Measure subject to the final outcome of the present Writ Petition.” 
8. Mr. Sanjay Baniwal, ld. Counsel for the Petitioners, submits that, though the Petitioners are provisional CoV holders, since they have always 

been vending from semi-permanent structures and have also been paying 
property tax, with the receipts specifically mentioning the shop numbers, they 
have every right to erect and continue to maintain their temporary structures 
for their vends. 
9. The MCD has filed its affidavit, and in terms of the said affidavit, the 
property tax has been paid by way of self-assessment basis and the same does 
not confer any legal title or ownership in respect of the site in question. 
10. The further stand of MCD is that the grant of a permanent site for 
vending is purely in the domain of Town Vending Committee-II (hereinafter 
‘TVC-II). The relevant portions of the MCD’s affidavit are extracted below: 
“[…] 9. That further, it is also relevant to state here that as regards the payment of House Tax is concerned, it has been informed by the House Tax Department of respondent -MCD that since 2004-2005, the House Tax is being paid by way of Self Assessment by the tax payer. 
The payment of House Tax made by any tax payer on Self Assessment basis, does not confer any legal title, right or ownership of the property / site in question in their favour. Moreover, the site in question as claimed by the petitioner herein is a public road. Hence, in light of the same, it is submitted that merely payment of House Tax does not give them any right, title and interest in respect of the site in question as claimed by the petitioner. 
10. That it is also relevant to state here that so as to grant any permanent site or categories i.e. Stationary, mobile and others in terms of the Street Vendors Act­2014, Rules / Schemes framed there under, it will be prerogative of the Town Vending Committee-II to decide. However, the same has not yet been constituted. Under the provisions of Street Vendor Act, Rules and Schemes after completion of the survey and grant of interim CoV by Town Vending Committee -1 already constituted, the Town Vending Committce -Il will be constituted and then it will be within the domain of the said TVC -II to prepare a street plan akin to the Master Plan provisions and development plan of the area in question taking into the consideration the data of identified existing Street Vendors and deemed Street Vendors (previous I Tehbazari Holders). Keeping in view of the same, it is humbly submitted that till time no designated site / permanent site have been allotted to the petitioners herein. Merely grant of interim CoVs or payment of the House Tax for the site in question as alleged, the same does not give them any vested right, titled and interest in respect of site as prayed for.” 

11. Heard the ld. Counsel for the parties. All the Petitioners being CoV 
holders, they are duty bound to abide by the terms and conditions of the 
provisional CoVs. The said terms and conditions are as under: 
“1. Vendor shall not have any other permanent or long-term vending certificate. 
2. 
Vending certificate is non-transferable. 

3. 
It is mandatory for the vendor to follow the vending period and zone as determined by TVC or local body. 

4. 
Vendor shall not give his vending certificate on rent in any way. 

5. 
Vendor shall not have any infectious disease. 

6. 
Vendor shall have to take care of hygiene on vending place/zone and nearby area and also take care of public health. 

7. 
Vendor shall display copy of vending certificate on his place/vending site and will produce original documents to TVC/concerned inspector whenever required. 

8. 
Vendor/Squatter shall insure that no hindrance be caused to pedestrian and vehicular moment. 

9. 
Vendor shall not vend/sell any harmful, dangerous and polluted items. It should also be ensured that the quality of the products sold and services provided to the public conform to the prescribed standards of public health, hygienic conditions and safety. 

10. 
The street vendor shall not do any unauthorized/illegal activity. 

11. 
Mobile vendors shall not stay or vend more than 30 minutes or time prescribed by the TVC at place in a vending/squatting zone. 

12. 
Vendors will not block footpaths and will not vend on roads. Vendor should take care of space in front of vending stalls/counters on footpath for pedestrians. 

13. 
Vending certificate can be cancelled or suspended on the basis of violations. 

14. 
Vendor shall not build or construct any kind of permanent or temporary structure at vending site. 

15. 
Seller shall adopt health and hygiene conditions as required by local laws and court orders. 

16. 
Vendor have to follow all the conditions mentioned in Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019” 



12. Insofar as Condition No.11 is concerned, in terms of the meeting held 
on 15th May, 2024 under the Chairmanship Addl. Chief Secretary (Urban 
Development Govt. of NCT of Delhi), in compliance with the directions passed in WPC No. 2265/2024 titled ‘Shiv Prasad & Ors. Vs MCD & Ors’ the time period of vending at a particular spot has been modified from 30 minutes to 45 minutes. The said modification has been also been noted by this Court in W.P.(C) 10561/2026 titled ‘Yuvraj and Ors. v. MCD North’ vide judgement dated 3rd August, 2026. 

13. 
However, the terms of the provisional CoV the condition No. 11 stipulates that all provisional CoV holders have to operate as mobile vendors. 

14. 
The erection of semi-permanent structures or any temporary sheds, etc. is completely contrary to the terms and conditions of the provisional CoV and, hence, no vested rights can be claimed by the Petitioners, who may have erected such structures contrary to the vending conditions. 

15. 
It is settled law that mere payment or acceptance of tax, whether municipal or otherwise, does not confer any right, title, ownership or vested right in the property in question. The Supreme Court, in State of A.P. & Ors. 


v. M/s. Star Bone Mill & Fertiliser Co., (2013) 9 SCC 319, has held that: 
“14. ...mere acceptance of municipal tax or agricultural tax by a person, cannot stop the State from challenging ownership of the land, as there may not be estoppel against the statute. Nor can such a presumption arise in case of grant of loan by a bank upon it hypothecating the property.” 
16. This position has been reiterated by the Supreme Court in Vadiyala Prabhakar Rao & Ors. v. Government of Andhra Pradesh & Ors., 2026 INSC 450, wherein, while summarising the settled principles on revenue entries and their legal effect on the question of title, the Court held that: 
“16. ….A Revenue Record is not a document of title and does not confer any ownership or title upon the person whose name appears in it... The mere acceptance of municipal or agricultural taxes, or the granting of a bank loan based on these records, does not stop the State from challenging the ownership of the land.” 

17. The Rajasthan High Court has taken a similar view in Ramrakh Chhipa & Ors. v. Municipal Council 2026 : RJ-JP: 29890, holding as under: 
“16. Even otherwise, the payment of municipal taxes, or the issuance of a receipt acknowledging such payment, at best constitute a proof of possession only. Such payment is merely a fiscal arrangement between the municipal authority and the person making the payment and cannot, by itself, confer any right, title or interest over the property concerned.” 
18. 
In view of the above settled position, the payment of property tax, if accepted by the MCD inadvertently, cannot lead to overriding of the terms and conditions of the provisional CoV. Further, it is to be noted that payment of property tax on self-assessment basis cannot convert a public road into a private space. Even, the acceptance of property tax on the basis of self-assessment made by vendors cannot change the character of the vends, the nature of vending and also the fact that there is no permanency of any site attached to such CoV holders. The Petitioners have to operate as mobile vendors as all of them except Petitioner Nos.13 and 31, are in the category of ‘Others’. 

19. 
Insofar as the Petitioner nos.13 and 31 are concerned, considering that they are permitted to use a gas cylinder, this Court is inclined to pass similar directions as have been passed in similar matters wherein, vendors were vending under the category of ‘Food/Snack with gas cylinder/fire’ i.e., in W.P.(C) 15082/2025 titled ‘Rajendra Singh v. Commissioner of Police and 



Ors.’ vide order dated 2nd February, 2026, W.P.(C) 19391/2025 titled ‘Mohd Badruddin v. Municipal Corporation of Delhi & Ors.’ vide order dated 8th January, 2026 and in W.P. (C) 1609/2026 titled ‘Rihana v. MCD & Ors.’ vide order dated 5th February, 2026. 
20. The Petitioner Nos.13 and 31 are, accordingly, directed to comply with the following directions: 
(a) 	
The Petitioner Nos.13 and 31 shall abide by the terms and conditions of the provisional CoV; 

(b) 	
The Petitioner Nos.13 and 31 shall be permitted to operate his vend, but shall use a gas cylinder which does not occupy too much space. It is made clear that only a small gas cylinder for heating of food and snacks shall be used by the Petitioner; 

(c) 	
The Petitioner Nos.13 and 31 shall restrict themselves to a particular space which shall not in any manner cause obstruction to the movement of pedestrians or cause any traffic congestion to vehicular traffic on the roads; 

(d) 	
The Petitioner Nos.13 and 31 shall also be obliged to maintain cleanliness and hygiene around the vend, which they are working from and shall ensure the presence of a dustbin near the vend; 

(e) 	
Subject to the above, Condition No.11 in the provisional CoV shall not apply to the Petitioner Nos.13 and 31. The Petitioner Nos.13 and 31 shall comply with all the other conditions in the CoV. 

(f) 	
It shall be ensured that the Petitioner Nos.13 and 31 shall not create any third party interest in this provisional CoV and there shall be a bar on sub-letting or any handing over possession to 

any third party. 

(g) 	
No permanent or temporary construction shall also be erected by the Petitioner Nos.13 and 31. 



21. 
Insofar as the other vendors are concerned, they shall also be obliged to maintain cleanliness around their vends wherever they are stationed. They shall also not create any temporary or permanent structure. It would be impermissible to even create any third party rights in the provisional CoVs. 

22. 
The above stated directions, shall be subject to any plan which the Town Vending Committee–II may be coming up with in terms of Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and no vested rights shall be claimed. 

23. 
Insofar as the prayer of the Petitioners seeking change in the category is concerned, the same is purely in the domain of TVC-II which is in the process of being constituted by the MCD. 

24. 
After the TVC-II is constituted, the Petitioners shall be at liberty to make their representations seeking a change of category, which shall be considered and disposed of by the TVC-II in accordance with law, within a period of three months, after its constitution. 

25. 	
No further orders are called for in this matter. 

26. 
The petition is disposed of in the above terms. The pending applications are also disposed of. 




PRATHIBA M. SINGH JUDGE 
VIKAS MAHAJAN JUDGE SEPTEMBER 3, 2026/aj/sm