Noor Alam vs Municipal Corporation Of Delhi And Ors
- Court
- Delhi High Court
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
st
Date of Decision: 1 July, 2026
th
Uploaded on: 4 July, 2026
+ W.P.(C) 8409/2026 and CM APPL. 39412/2026
NOOR ALAM .....Petitioner
Through: Mr. AK Mishra, Mr. Arpit Mishra, Ms.
Alphy Thomas and Ms. Kajal Mishra,
Advocates.
versus
MUNICIPAL CORPORATION OF DELHI AND ORS
.....Respondents
Through: Ms. Meherunnisa Anand Jaitley Adv.
for MCD. (M. 9717100486).
Ms. Uma Prasune, SPC with Mr.
Akash Gupta, GP and Mr. Shreyansh
Gupta, Advs. for R-2 & 3.
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 Petitioner-Mr. Noor Alam
under Article 226 of the Constitution of India, inter alia , seeking directions to
the Respondents to allow the Petitioner to peacefully vend from the vending
site near VIP Gate, Nizamuddin Railway Station, South Delhi (hereinafter,
‘the 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 several years. The Petitioner has been
issued a provisional Certificate of vending (hereinafter, ‘CoV’) bearing URI
Signature Not Verified
W.P.(C) 8409/2026 Page 1 of 8
Digitally Signed
By:RAHUL
Signing Date:04.07.2026
13:04:37
No. 2819980 under the category of ‘Food/Snack with gas cylinder/fire’ for
Central Zone, Ward- S-55.
4. The grievance of the Petitioner is that he is being repeatedly obstructed
by the concerned officials of the Municipal Corporation of Delhi (hereinafter,
‘MCD’) and Delhi Police from peacefully carrying out his vending activities,
despite the fact that he has a proper CoV.
5. Ld. Counsel for the Petitioner submits that the Petitioner is complying
with the terms and conditions of the CoV, however, he is being unnecessarily
harassed by the authorities.
6. On the other hand, Ms. Meherunnisa Anand, ld. Counsel for the MCD
points out that the area from where the Petitioner is presently carrying on
vending activities has a functioning school in its vicinity namely, ‘Mata
Sushila Malhotra DAV Primary School’ . It is further submitted that the
Petitioner is selling tobacco, cigarettes, pan masala and other similar products
near a primary school, which this Court has already prohibited in various
orders, including the order dated 19th March, 2026 passed in W.P.(C)
3524/2026 titled ‘Ram Prasad (deceased) through his daughter Rita Devi v.
Municipal Corporation of Delhi’ .
7. Ld. Counsel for the MCD submits that in W.P.(C) 3524/2026, the street
vendors were from the same area and were vending in front of the same
school. She further submits that proper cleanliness is also not being
maintained by the Petitioner, near the vend. In this regard, certain photographs
have been placed on record.
8. Heard. The Court has perused the documents and the photographs
which have been placed on record.
9. The Petitioner has placed on record a photograph which does not reveal
Signature Not Verified
W.P.(C) 8409/2026 Page 2 of 8
Digitally Signed
By:RAHUL
Signing Date:04.07.2026
13:04:37
any products of the Petitioner. The same is extracted below:-
10. On the other hand, the photographs produced by the ld. Counsel for the
MCD reveals that the Petitioner is selling products such as pan masala, gutka,
cigarettes and other similar items. The photographs also indicate that the
Petitioner has failed to maintain cleanliness at the vending site. The said
photographs are extracted below:
Signature Not Verified
W.P.(C) 8409/2026 Page 3 of 8
Digitally Signed
By:RAHUL
Signing Date:04.07.2026
13:04:37
Signature Not Verified
W.P.(C) 8409/2026 Page 4 of 8
Digitally Signed
By:RAHUL
Signing Date:04.07.2026
13:04:37
11. This Court in Ram Prasad (Supra) has considered a similar case
wherein the vendors were selling pan masala, gutka, cigarettes and other
similar items outside the same primary school and has observed as under:
“[...]11. Furthermore, ld. Standing Counsel for the MCD
submits that the school authorities have also complained
that these vends are selling substances including gutka,
Signature Not Verified
W.P.(C) 8409/2026 Page 5 of 8
Digitally Signed
By:RAHUL
Signing Date:04.07.2026
13:04:37
pan masala etc., which would be completely
impermissible outside a primary school.
12. The Court has considered the matter. Serious
objection is taken to the photograph filed by the
Petitioner on the ground that the same is misleading. The
images placed on record by the MCD are quite stark. A
perusal of the photographs and videos placed on record
by the MCD would show that the vend of the Petitioner
is opposite the Mata Sushila Malhotra DAV Primary
School.
XXX
18. Accordingly, MCD shall take action against Smt.
Rita Devi in accordance with law, to ensure that the
ingress and egress of the Mata Sushila Malhotra DAV
Primary School is not obstructed in any manner by the
Petitioner’s vend as also by any other vends and carts.
The other vends and carts which are selling products
such as gutka, paan masala, etc., - that too in front of a
school, shall also be removed from the vicinity of the
said school, by the MCD …”
12. There can be no doubt that in terms of the aforesaid order, the Petitioner
shall not be permitted to sell pan masala, gutka and other similar products
close to the ‘Mata Sushila Malhotra DAV Primary School’, where young
children would be studying.
13. Moreover, the Petitioner is also obliged to maintain cleanliness, which
is not being maintained, as per the photographs which have been placed on
record by the ld. Counsel for the MCD, along with the geo-tagging.
14. However, the Petitioner holds a valid CoV. Under these circumstances,
the following directions are issued:
Signature Not Verified
W.P.(C) 8409/2026 Page 6 of 8
Digitally Signed
By:RAHUL
Signing Date:04.07.2026
13:04:37
i) The MCD shall ensure that the Petitioner does not, in any
manner, obstruct the ingress to or egress from the school by its students,
parents or faculty. The MCD shall, accordingly, identify an appropriate
space from where the Petitioner may carry on his vending activity.
ii) The Petitioner shall not sell any products such as pan masala,
gutka, cigarettes or any other tobacco products which could be harmful
to the children, outside the Mata Sushila Malhotra DAV Primary
School.
iii) The Petitioner shall be permitted to use a small gas cylinder
which does not occupy too much space.
iv) 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;
v) 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;
vi) 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;
vii) No permanent or temporary construction shall also be erected by
the Petitioner;
15. 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.
16. The identification of an alternate vending site for the Petitioner shall be
Signature Not Verified
W.P.(C) 8409/2026 Page 7 of 8
Digitally Signed
By:RAHUL
Signing Date:04.07.2026
13:04:37
done by the concerned Assistant Commissioner, MCD within a period of three
days from this order.
17. Upon such identification, the Petitioner shall move his vend to an
appropriate place which is allotted, and abide by the above stated conditions.
18. Subject to the above, the Petitioner shall not be disturbed from peaceful
vending in terms of the CoV.
19. The present petition is disposed of in these terms. All pending
applications, if any, are also disposed of.
PRATHIBA M. SINGH
JUDGE
VIKAS MAHAJAN
JUDGE
JULY 1, 2026/dss/sm
Signature Not Verified
W.P.(C) 8409/2026 Page 8 of 8
Digitally Signed
By:RAHUL
Signing Date:04.07.2026
13:04:37