$~46 
*	IN  THE  HIGH  COURT  OF  DELHI  AT  NEW  DELHI

Date of decision: 10th September, 2026
Uploaded on: 14th September, 2026
#	CNR No. DLHC010429802026
+			 	W.P.(C) 13266/2026
	KARAN SINGH						.....Petitioner
				Through:	Mr. Aditya, Advocate. 


				versus

	MUNICIPAL CORPORATION OF DELHI AND ORS...Respondents
Through:	Mr. Gaganmeet Singh Sachdeva (Standing counsel for MCD) with Mr. Harshpeet Singh Chadha and Mr. Hridyesh Khanna, Advocates. 
	(M) 95820 55425
Ms. Vaishali Gupta, Panel Counsel      (Civil) GNCTD with Ms. Rashi Aggarwal, Advocates for R3. 
(M) 80767 20913
Mr. Santosh Kr. Pandey, SPC with Mr. Arvind, Government Pleader for R4 and R5. (M) 8076125240

	CORAM:
	JUSTICE PRATHIBA M. SINGH
	JUSTICE VIKAS MAHAJAN
Prathiba M. Singh, J. (Oral)
1.	This hearing has been done through hybrid mode. 
2.	The Petitioner is a vendor who is issued a provisional Certificate of Vending (CoV) bearing no. URI 011042 under the category “Food/Snacks Preparation (Goods)”. The authorised area of vending is Abul Fazal Enclave. The Petitioner is stated to be vending from the Open Space, Opposite Gali No. 18, Jagdamba Road Tughlakabad Extn, Abul Fazal Enclave, New Delhi. The photograph of the Petitioner’s vending cart is set out below: 

3.	The grievance of the Petitioner is that he is not being allowed to peacefully vend at his vending site by the Respondents.  
4.	Ld. Counsel for the Petitioner has also prayed that the Petitioner’s category may be considered as “Food/Snacks with Gas Cylinder” instead of “Food/Snacks Preparation (Goods)”. 
5.	Ld. Counsel for the Respondent submits that one of the conditions of vending is that the vendor would not cause any hindrance to pedestrian and vehicular movement.  
6.	Heard. The category in which the Petitioner’s CoV has been issued, does not include gas cylinder. The same cannot therefore be included by this Court, as change of category is within the domain of the TVC which is in the process of being constituted. Since the CoV does not incorporate ‘gas cylinder’ under the category mentioned, the prayer for stationary vending cannot be permitted. Moreover, this is a matter to be considered by the Town Vending Committee - II. 
7.	Accordingly, the Petitioner would have to strictly abide by the terms and conditions of vending which are extracted below: 
Terms & Conditions of the Vending Certificate 

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".

8.	Subject to him abiding by the terms and conditions of vending and maintaining cleanliness in the vend, the Petitioner shall not be disturbed.
9.	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.
10.	At this stage, it is expedient to note that after perusing the image of the Petitioner’s vending cart extracted above it also becomes clear that the pavement in the area also requires extensive repair. The responsibility of the same lies with the MCD. 
11.	Accordingly, MCD shall repair the entire pavement in this area and place on record a compliance report by the next date of hearing. 
12.	The petition is disposed of in the above terms. Pending applications, if any, are also disposed of. 
13.	List for compliance on 7th December, 2026. 

	
PRATHIBA M. SINGH
     JUDGE


     VIKAS MAHAJAN
       JUDGE
SEPTEMBER 10, 2026
aj/msh


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