Sheela Rani vs Municipal Corporation Of Delhi And Ors

Court
Delhi High Court

$~63
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
Date of decision: 4 November, 2026
th
Uploaded on: 6 November, 2026
# CNR No. DLHC010536082026
+ W.P.(C) 16470/2026
SHEELA RANI .....Petitioner
Through: Mr. Aditya and Mr. Vipin Kumar,
Advocates.
versus
MUNICIPAL CORPORATION OF DELHI
AND ORS .....Respondents
Through: Ms. Shilpa Ohri, Adv. for MCD.
Mr. Vaishali Gupta, PC Civil, GNCTD
and Mr Akhil Yadav, Advocates.
Mr. Rajesh Kumar, SPC for UOI with
Mr. Yash Narain & Mr. Nimit Kumar,
Advs. for UOI.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE DINESH BHATT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The Petitioner in this case is a provisional Certificate of Vending holder
bearing URI No.6857699 (hereinafter, ‘ CoV’ ) under the category of
“Food/Snack with gas cylinder/fire” in the area Najafgarh Zone, Ward -S-31,
New Delhi.
3. The prayer of the Petitioner is that she may be allowed to peacefully
carry out her vending activities at her vending site i.e., On the open space,
near Gali No. 4, beside Drain, West Sagarpur, Najafgarh Zone, Ward -S-31,
Signature Not Verified
Signature Not Verified
Signed By:DEVANSHU
JOSHI
Signing Date:06.11.2026
16:50:14
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Signed By:RAHUL
Signing Date:06.11.2026
16:28:20

New Delhi (hereinafter, ‘vending site’) without any hindrance being caused
by the authorities.
4. Ms. Shilpa Ohri, ld. Counsel appearing on behalf of the MCD has
handed over multiple videos to show the manner in which all the vendors in
the concerned area have encroached upon the road itself, thereby causing
enormous traffic congestion. The videos also show how public
announcements were made and all vendors were told to move their
unauthorized vending carts, equipment, cylinders, kadhai and tawas etc.
5. It is her submission that on the main road, despite the public
announcements, the vendors refused to move. In fact the vendors are not
permitted to vend in this manner and all of them are vending as stationary
vendors, despite the conditions stipulated in their respective COVs which
requires them to vend as mobile vendors. It is urged by ld. Counsel for the
MCD that the use of big Tawas and kadhai with oil also causes a safety
concern for pedestrians and vehicles moving in the area.
6. It is stated that despite repeated announcements, when the vendors did
not move, the MCD had no option but to take proceedings for seizure of all
the vends, the accompanying stationary equipment and utensils etc., which
were lying on the vends, including those of the Petitioner herein.
7. Heard. The Court has perused the videos, as also the images which have
been shown on behalf of the MCD. The photographs and other documents
handed over by ld. Counsel for the MCD are taken on record. The pen-drive
containing the videos is also taken on record. Let all the videos be tagged to
the electronic file of this case.
8. Clearly, the local authorities i.e. the Councillor, the MCD authorities
and the local Police are making repeated announcements, asking the vendors
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Signed By:DEVANSHU
JOSHI
Signing Date:06.11.2026
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Signed By:RAHUL
Signing Date:06.11.2026
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to move out of the area, however, there appears to be no cooperation given by
the vendors.
9. It was under such circumstances that the vends appeared to have been
removed, along with all the belongings of the vendors.
10. In the opinion of this Court, the action of the MCD is fully justified,
considering the manner in which the vendors had encroached upon more than
half of the road itself, which was meant for vehicular use.
11. Under such circumstances, this Court is not inclined to interfere with
the action taken by the MCD.
12. However, since the Petitioner is a provisional COV holder, the
following directions are issued in this matter:
i. The Petition shall approach the MCD for release of all the goods
including Rehdi , utensils, Tawas, etc. The Petitioner shall be free to
seek release of the same after paying the penalty, as applicable;
ii. The Petitioner shall appear before the Assistant Commissioner (MCD)
of the area on 16th November, 2026 at 11:30 am, who shall identify
an alternative space for vending of the Petitioner within a period of one
week from the Petitioner approaching the Assistant Commissioner.
13. Upon allocation of the vending site, the Petitioner shall be bound by the
conditions of her COV, as also the following conditions:
i) The Petitioner shall be permitted to operate her vend but shall use a
gas cylinder which does not occupy too much space. It is made clear
that only a small or medium sized gas cylinder for heating of food
and snacks shall be used by the Petitioner;
ii) The Petitioner shall restrict herself to a particular space, where she
is operating from, and shall not extend/encroach to the pedestrian
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Signed By:DEVANSHU
JOSHI
Signing Date:06.11.2026
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Signed By:RAHUL
Signing Date:06.11.2026
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areas or cause obstruction in movement of pedestrians;
iii) The Petitioner shall also be obliged to maintain cleanliness and
hygiene around the vend, which she is working from and shall
ensure the presence of a dustbin near the vend;
iv) No permanent or temporary construction shall also be erected by
the Petitioner;
v) Subject to the above, Condition No. 11 provided above shall not
apply to the Petitioner. The Petitioner shall comply with all the other
conditions stated above.
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.
14. The present order shall be subject to the decision of the TVC-II after
being constituted.
15. Further, the above stated directions shall be subject to any vending 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. Petition is disposed of in these terms. All pending applications, if any,
are also disposed of.
PRATHIBA M. SINGH
JUDGE
DINESH BHATT
JUDGE
NOVEMBER 4, 2026/ dk/ss
Signature Not Verified
Signature Not Verified
Signed By:DEVANSHU
JOSHI
Signing Date:06.11.2026
16:50:14
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Signed By:RAHUL
Signing Date:06.11.2026
16:28:20