$~61 
*	IN THE  HIGH  COURT OF  DELHI  AT  NEW  DELHI
Date of decision: 24th March, 2026.
        Uploaded on: 27th March, 2026.
+ 				W.P.(C) 3753/2026
	SANTOSH							         .....Petitioner
Through:	Mr. Aditya, Mr. Vipin Kumar, Mr. Anjani Kumar Mishra, Mr. Kailash Kumar Jha, Ms. Pralika Chakraborty, Mr. Fareeduddin and Ms. Srejal Mishra, Advs. ((8699723746)).
				versus

	CHAIRMAN, TOWN VENDING COMMITTEE AND ORS
.....Respondents
Through:	Ms. Puja S. Kalra, SC with Mr. Virendra Singh, Adv. for MCD.
	Ms. Vaishali Gupta and Ms. Rashi Aggarwal, Advs. for R3.
	CORAM:
	JUSTICE PRATHIBA M. SINGH
	JUSTICE MADHU JAIN
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 issue the Certificate of Vending (hereinafter, ‘CoV) to the Petitioner and allow the Petitioner to peacefully vend from the vending site near the footpath at Ring Road, near Moti Bagh Gurudwara, Foot over Bridge, South Moti Bagh, South Zone, New Delhi (hereinafter, ‘vending site’). 
3.	The case of the Petitioner is that he is a street vendor who has been vending from the said vending site for many years. As per the Petitioner, he has participated in the survey which was conducted by the South Delhi Municipal Corporation on 4th August, 2025. Pursuant to the said survey, he was issued an acknowledgement receipt bearing URI  No. 13785.
4.	However, the grievance of the Petitioner in the present petition is that he is being harassed by the concerned officials of the Municipal Corporation of Delhi (hereinafter, ‘MCD’) and Delhi Police and the provisional CoV is not being issued to the Petitioner. 
5.	A photograph of vend of the Petitioner has also been placed on record. The said photograph is extracted below: 

6.	Ld. Counsel for the Petitioner submits the provisional CoV shall be issued to the Petitioner and he may be allowed to peacefully vend from the vending site.
7.	Ld. Counsel appearing for the MCD submits that the survey wherein the Petitioner had participated has in fact concluded in January, 2026. It is also submitted that the provisional CoVs would be issued after due scrutiny and verification of documents. 
8.	Heard. The Petitioner has participated in the survey and has been issued a receipt. In view of the submissions made by the ld. Counsels for the parties, let the provisional CoV be issued to the Petitioner subject to fulfilling all the necessary conditions, in an expeditious manner.
9.	In the meantime, the Petitioner shall adhere to the following conditions:
i)	The Petitioner shall be permitted to operate his vend, but shall use a small gas cylinder which does not occupy too much space. It is made clear that only a small sized gas cylinder for heating of food and snacks shall be used by the Petitioner; 
ii)	The Petitioner shall maintain cleanliness and hygiene around the vend which he is working from and shall ensure the presence of a dustbin near the vend; 
iii)	The Petitioner shall restrict himself to a particular space, where he is operating from, and shall not extend/encroach to the pedestrian areas or cause obstruction in movement of pedestrians; 
vi)	The Petitioner shall ensure that he does not occupy the junction towards the Ring Road. He shall move towards the internal road to vend and leave sufficient space for pedestrians;
v	No parking of two-wheelers or four-wheelers shall be permitted in front of the vending site, in order to ensure that no traffic congestion is caused;
vi)	No permanent or temporary construction shall also be erected by the Petitioner.
10.	Subject to adhering to the above stated conditions, the Petitioner shall not be disturbed from vending at the vending site. 
11.	The present petition is disposed of in the said terms. Pending applications, if any, are also disposed of.


PRATHIBA M. SINGH
               JUDGE


                                                                                 MADHU JAIN
    					                              JUDGE
MARCH 24, 2026/b/sm





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