$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 22nd September, 2026 Uploaded on: 24th September, 2026 # CNR No. DLHC010452802026 + W.P.(C) 13952/2026 MURARI LAL .....Petitioner Through: Mr. Aditya, Mr.Vipin Kumar, Mr. Anjani Kumar Mishra, Ms. Anjani Kumar Mishra, Ms. Pralika Chakraborty, Mr. Fareeduddin, Advs. Mr. Sumit Kumar, Adv. versus CHAIRMAN, TOWN VENDING COMMITTEE AND ORS .....Respondent Through: Ms. Vaishali Gupta and Ms. Aanchal Rajput, Advs. Ms. Puja S Kalra, Standing Counsel with Mr. Virendra Singh, Advocate for MCD. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE DINESH BHATT Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner under Article 226 of the Constitution of India, inter alia, seeking directions to the Respondents to allow the Petitioner to peacefully vend at his designated spot i.e., on the footpath, open space, Mall Road, near GD Birla Marg, adjacent to Police Post, Jasola Vihar, Central Zone, Ward-S-102, New Delhi (hereinafter ‘vending site’) as also for issuance of provisional Certificate of Vending to the Petitioner (hereinafter, ‘CoV’). 3. The Petitioner is a street vendor, who claims to be vending from the vending site. 4. A survey was undertaken by the Town Vending Committee, (hereinafter, ‘TVC’) Municipal Corporation of Delhi (hereinafter, ‘MCD’) in 2021. The Petitioner had participated in the said survey and was issued a survey slip/acknowledgement receipt bearing No. URI 7074241 dated 24th March, 2021. The acknowledgement receipt of the said survey has been placed on record by the Petitioner. 5. The photograph of the vending site of the Petitioner is also set out below: 6. Ld. Counsel for the Petitioner submits that the Petitioner is in the list of vendors, under the category of Food/Snack with gas cylinder fire. He has placed on record the list, as published by the MCD. 7. Ms. Kalra, ld. Counsel for the MCD submits that the Petitioner is approaching the Court after five years, and seeking a provisional CoV. 8. Ld. Counsel for the Petitioner, however, highlights clause 1.2 the Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019 to argue that once the survey is conducted, it is the MCD’s obligation to issue the provisional COV, within a period of 30 days. 9. The Court has considered the matter. There has been a delay in the issuance of the provisional COV, due to the non-constitution of the TVC-II. Presently, the elections for the TVC- II have been held, and the TVC-II is in the process of being constituted. The delay may have been occasioned due to this reason. 10. Accordingly, this writ petition is disposed of with the similar directions as have been passed by this Court in similar matters recently, wherein, vendors are 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 05th February, 2026. 11. The Petitioner shall abide by the terms and conditions of the provisional CoV, which 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. The Petitioner being under the category of Food/snack with gas cylinder fire, shall also abide by the following conditions: (a) The Petitioner 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; (b) The Petitioner shall restrict himself 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; (c) The Petitioner shall also be obliged to maintain cleanliness and hygiene around the vend, which he is working from and shall ensure the presence of a dustbin near the vend; (d) Subject to the above, Condition No.11 in the CoV shall not apply to the Petitioner. The Petitioner shall comply with all the other conditions in the CoV. (e) It shall be ensured that the Petitioner 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. (f) No permanent or temporary construction shall also be erected by the Petitioner. 13. 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. 14. Subject to the Petitioner adhering to the above terms and conditions, Petitioner’s vending activities shall not be disturbed. 15. The TVC-II, upon being constituted, shall issue the provisional COV to the Petitioner, subject to fulfilment of all other conditions, within a period of three months. 16. The petition is disposed of in these terms. Pending applications, if any, are also disposed of. PRATHIBA M. SINGH JUDGE DINESH BHATT JUDGE SEPTEMBER 22, 2026 dj/sm W.P.(C) 13952/2026 Page 1 of 2