Bharat Bhushan vs Municipal Corporation Of Delhi & Anr
- Court
- Delhi High Court
$~66 to 74 & 17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
Date of decision: 19 May, 2026
th
Uploaded on: 20 May, 2026
+ W.P.(C) 2243/2022 & CM APPL. 18235/2022
SUMIT VERMA .....Petitioner
Through: Ms. Kawalpreet Kaur, Adv.
versus
GOVERNMENT OF NCT OF DELHI AND ORS .....Respondents
Through: Mr. Himanshu Pathak, SPC along with
Mr. Mohit Gupta, Advocate for UOI.
Mr. Mukul Singh (CGSC) with Mr.
Aryan Dhaka and Ms. Sunidhi Tyagi,
Advs.
Ms. Vaishali Gupta, Panel Counsel
(Civil ) GNCTD with Ms. Rashi
Aggarwal, Advocates.
Mr. Harsha Peechara Standing
Counsel NDMC with Ms. Ravicha
Sharma, Mr. Soumit Ganguli, and Mr.
Aakash Sharma, Advocates.
Mr. Tushar sannu (SC) with Mr.
Fajallu Rehman Advocate and Mr, Ajit
(SO) and Mr. Sureesh (JSA).
Mr. Sriharsha Peechara Standing
Counsel for NDMC with Ms. Ravicha
Sharma and Mr. Soumit Ganguli,
Advocates.
67
+ W.P.(C) 823/2024 & CM APPL. 8714/2024
RAJENDER KUMAR GUPTA .....Petitioner
Through: Mr. Kamlesh Kumar Mishra, Ms.
Renu, Ms. Shivani Verma & Ms.
Mansi Kashy, Advs.
versus
Signature Not Verified
W.P.(C) 2243/2022 & connected matters Page 1 of 10
Digitally Signed
By:RAHUL
Signing Date:20.05.2026
17:16:13
MUNICIPAL CORPORATION OF DELHI AND ORS
.....Respondents
Through: Mr. Anubhav Gupta , Panel Counsel
(Civil) GNCTD with Mr. Kartik
Sharma, Advocate.
68
+ W.P.(C) 2265/2024
SHIV PRASAD AND ORS .....Petitioners
Through: Mr. Aditya, Mr. Vipin Kumar, Mr.
Anjani kr. Mishra, Mr. Kailash kr. Jha,
Ms. Pralika Chakraborty, Mr.
Fareeduddin and Ms. Srejal Mishra,
Advocates.
versus
MUNICIPAL CORPORATION OF DELHI AND ORS
.....Respondents
Through: Mr. Tushar sannu (SC) with Mr.
Fajallu Rehman Advocate and Mr, Ajit
(SO) and Mr. Sureesh (JSA).
69
+ W.P.(C) 4918/2024
MOHIT VALECHA AND ORS .....Petitioners
Through: Ms. Kawalpreet Kaur, Adv.
versus
GOVT. OF NCT OF DELHI AND ORS .....Respondents
Through: Mr. Anubhav Gupta , Panel Counsel
(Civil) GNCTD with Mr. Kartik
Sharma, Advocate.
Mr. Himanshu Pathak, SPC along with
Mr. Mohit Gupta, Advocates.
Mr. Tushar sannu (SC) with Mr.
Fajallu Rehman Advocate and Mr, Ajit
(SO) and Mr. Sureesh (JSA).
Signature Not Verified
W.P.(C) 2243/2022 & connected matters Page 2 of 10
Digitally Signed
By:RAHUL
Signing Date:20.05.2026
17:16:13
70
+ W.P.(C) 7895/2024
CHARAN SINGH AND ORS .....Petitioners
Through: Mr. Aditya, Mr. Vipin Kumar, Mr.
Anjani kr. Mishra, Mr. Kailash kr. Jha,
Ms. Pralika Chakraborty, Mr.
Fareeduddin and Ms. Srejal Mishra,
Advocates.
versus
CHAIRMAN, TVC-I, SHAHDARA SOUTH ZONE AND ORS.
.....Respondents
Through: Mr. Anubhav Gupta , Panel Counsel
(Civil) GNCTD with Mr. Kartik
Sharma, Advocate.
Mr. Tushar sannu (SC) with Mr.
Fajallu Rehman Advocate and Mr, Ajit
(SO) and Mr. Sureesh (JSA).
71
+ W.P.(C) 206/2025 & CM APPL. 885/2025
CHANDER MOHAN .....Petitioner
Through: Mr. Amritesh Mishra and Mr. Rahul
Bajaj, Advs.
versus
MUNICIPAL CORPORATION OF DELHI .....Respondent
Through:
72
+ W.P.(C) 11364/2025
RINKU LAL .....Petitioner
Through: Mr. Sanjay Baniwal and Ms. Manisha,
Advocates.
versus
Signature Not Verified
W.P.(C) 2243/2022 & connected matters Page 3 of 10
Digitally Signed
By:RAHUL
Signing Date:20.05.2026
17:16:13
MUNICIPAL CORPORATION OF DELHI AND ORS.
.....Respondents
Through: Mr. Tushar Sannu (SC) with Mr.
Fajallu Rehman Advocate and Mr, Ajit
(SO) and Mr. Sureesh (JSA).
73
+ W.P.(C) 11385/2025
GIRRAJ .....Petitioner
Through: Mr. Sanjay Baniwal and Ms. Manisha,
Advocates.
versus
MUNICIPAL CORPORATION OF DELHI AND ORS.
.....Respondents
Through: Mr. Tushar sannu (SC) with Mr.
Fajallu Rehman Advocate and Mr, Ajit
(SO) and Mr. Sureesh (JSA).
74
+ W.P.(C) 5806/2026
NATIONAL ASSOCIATION OF STREET VENDORS OF INDIA
(NASVI) .....Petitioner
Through: Mr. Rajan Narain, Ms. Swati Tiwari
and Mr. Gopal, Advocates.
versus
GOVT. OF NCT OF DELHI & ORS. .....Respondents
Through: Ms. Vaishali Gupta, Panel Counsel
(Civil ) GNCTD with Ms. Rashi
Aggarwal, Advocates.
Ms. Pratima N. Lakra, CGSC with Ms.
Indu Uttara, Adv. for R-5.
Mr. Tushar sannu (SC) with Mr.
Fajallu Rehman Advocate and Mr, Ajit
(SO) and Mr. Sureesh (JSA).
17
Signature Not Verified
W.P.(C) 2243/2022 & connected matters Page 4 of 10
Digitally Signed
By:RAHUL
Signing Date:20.05.2026
17:16:13
+ W.P.(C) 11073/2024 and CM APPL. 10973/2026
BHARAT BHUSHAN .....Petitioner
Through: Mr. Kamlesh Kumar Mishra, Ms.
Renu, Ms. Shivani Verma & Ms.
Mansi Kashy, Advs.
versus
MUNICIPAL CORPORATION OF DELHI & ANR .....Respondents
Through: Ms. Tajinder Virdi, SC.
Mr. Rahul Panwar, Assistant
Commissioner, MCD Rohini.
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 writ petitions have been filed by various street vendors,
who have been issued provisional Certificates of Vending (hereinafter,
‘CoVs’) or are carrying on vending activities on the basis of surveys already
conducted, though the CoVs have not yet been issued to them. The grievances
of these street vendors are several, some of which are set out below:
i) Category of the vendors is not properly mentioned in the
provisional CoVs;
ii) In the case of persons with disabilities, conditions have been
imposed, requiring them to carry out vending activities as mobile
vendors, which is not feasible;
iii) That the site of vending has not been properly specified in the
CoVs.
3. On the previous date i.e., 9th February, 2026 in the batch of petitions
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By:RAHUL
Signing Date:20.05.2026
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i.e., wherein the lead petition was W.P.(C) 2243/2022 , the Court had
considered the status report filed on behalf of the Municipal Corporation of
Delhi (hereinafter, ‘MCD’) stating that the street vendors survey commenced
in accordance with the Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Act, 2014, Delhi Street Vendors (Protection of
Livelihood and Regulation of Street Vending) Rules, 2017 and Delhi Street
Vendors (Protection of Livelihood and Regulation of Street Vending)
Scheme-2019, has concluded in two phases and 20,247 vendors are yet to be
surveyed within the extended period.
4. On the said date, Mr. Tushar Sannu, ld. Counsel for the MCD, on the
basis of instructions received, had proposed the future course of action, and
after considering the same, the Court had passed the following directions:
“[...]
4. Mr. Tushar Sannu, Id. Counsel for the MCD
submits that in furtherance to the above stated steps
taken, the next course of action is as follows:
i. Issuance of provisional COVs by the Zonal
Deputy Commissioners to the Vendors who have
been duly surveyed and are found eligible;
ii. Drawing up of the electoral roll for elections of
the Town Vending Committee (hereinafter,
'TVC');
iii. Conducting election for the TVCs across
Delhi;
iv. Constitution of the 23 TVCs across Delhi;
v. Finalization of the vending zones in respective
areas by the 23 TVCs;
vi. Issuance of final COVs after finalising of the
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By:RAHUL
Signing Date:20.05.2026
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vending zones by TVCs.
5. Considering the course of action stated above,
since various steps are still to be undertaken, this
Court directs that the MCD shall place on record a
proper timeline for this purpose, so that the entire
matter can be brought to an end which has been
pending for several years now.
6. Mr. Mishra, Id. Counsel submits that vending
plans also ought to be finalised. The said submission
shall also be considered on the next date and
directions shall be issued…”
From the above order it can be seen that the MCD itself had enumerated the
various steps that were to be taken by it, in general, for finalisation of the
Vending zones, list of vendors etc., Accordingly, the Court had directed the
MCD to place on record a timeline for the various steps to be undertaken by
it for finalising the vending plans, vending zones, list of vendors and finally
issuance of the final Certificates of Vending.
5. Today, a status report on behalf of the MCD has been placed on record.
The Court has been informed that insofar as the MCD is concerned, the survey
in certain zones was completed. However, the same had come to a stand still
due to the membership of the officials of the Town Vending Committee
(hereinafter, ‘TVC’) not being finalised.
6. Further, it is also informed by ld. Standing Counsel for the MCD that
certain agencies were appointed for carrying out the surveys, however, the
said recommendations of the agencies are not yet finalised.
7. It is also stated by ld. Standing Counsel for the MCD that in terms of
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By:RAHUL
Signing Date:20.05.2026
17:16:13
the surveys which were conducted, CoVs have been issued to various existing
street vendors. However, the final decision in respect of the list of authorised
street vendors, their categories, their vending sites, and the terms on which
the vending is to be carried out, is yet to be finalised by the TVC.
8. As per the status report, a timeline for the constitution of the TVC has
been set out, which is as under:-
9. Mr. Tushar Sannu, ld. SC, submits that, pursuant thereto, the issuance
of provisional CoVs has been completed and the electoral roll for the
members of the TVC has already been prepared. It is further submitted that
the elections to the TVCs are scheduled to be conducted on 30th June, 2026,
and the process for conducting the said elections is presently underway.
10. Further, it is also submitted that the TVCs ought to be constituted by
21st July, 2026, and all necessary steps are being taken in this regard.
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By:RAHUL
Signing Date:20.05.2026
17:16:13
11. Under these circumstances, since the MCD is now taking proper and
time-bound steps for constitution of the TVCs, which would be the statutory
mandate towards finalisation of vending plan and issuance of final CoVs, the
present petitions are disposed of with the following directions:
(i) The MCD shall constitute the TVCs as per the timeline set out
hereinabove;
(ii) Upon constitution of the TVCs, the TVCs shall undertake the
verification of the survey list, and proceed in terms of the Street
Vendors (Protection of Livelihood and Regulation of Street Vending)
Act, 2014;
(iii) While issuing final CoVs to verified and authorised street
vendors, due consideration shall be given to factors such as the nature
of vending, including whether the vendors ought to be categorized as
mobile or stationary vendors. Factors such as vendors being persons
with disabilities, vendors who are carrying on vending which cannot be
mobile such as tailors and other relevant factors shall also be
considered;
(iv) The Court notices that in a large number of matters, there are
hardly any monetary payments being made by street vendors to the
authorities such as the MCD and New Delhi Municipal Council. The
concerned TVCs ought to take a decision as to what should be the
monetary terms, for the purpose of issuing the CoVs;
(v) While carrying out their vending activities, the street vendors
shall ensure proper cleanliness and hygiene is duly maintained. No
permanent or temporary construction shall be constructed by the street
vendors in and around their vends.
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Digitally Signed
By:RAHUL
Signing Date:20.05.2026
17:16:13
(vi) Until the TVC takes its final decision, none of the street vendors
shall be disturbed or prevented from carrying out their vending
activities, in accordance with the terms and conditions of the
provisional CoVs.
12. The present petitions are disposed of in these terms. All pending
applications, if any, are also disposed of.
13. W.P.(C) 11073/2024 was disposed of by this Court on 21st November,
2025. Thereafter, CM APPL. 10973/2026 in W.P.(C) 11073/2024 was
considered by this Court, seeking directions for issuing the CoV to the
Petitioner. The said application has been heard from time to time and
concerns the same subject matter as considered in the present petitions. The
said application is also disposed of with the present petitions.
PRATHIBA M. SINGH
JUDGE
MADHU JAIN
JUDGE
MAY 19, 2026/MR/SM
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Digitally Signed
By:RAHUL
Signing Date:20.05.2026
17:16:13