Anuj Kumar Srivastav vs Municipal Corporation Of Delhi And Ors

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 16 April, 2026
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Uploaded on: 20 April, 2026
+ W.P.(C) 5052/2026
ANUJ KUMAR SRIVASTAV .....Petitioner
Through: Mr. Aditya, Mr. Anjani Kr. Mishra,
Vipin Kr., Mr. Kailash Kr Jha, Ms.
Pralika Chakraborty, Mr. Fareeduddin,
Ms. Srejal Mishra, Advs.
versus
MUNICIPAL CORPORATION OF DELHI AND
ORS .....Respondents
Through: Ms. Vaishali Gupta, Panel Counsel
(Civil) GNCTD, Mr. Siddharth Arora,
Advocates for R-3.
Mr Akshat Agrawal, SPC with Mr. Raj
Karn, Advs. for R-4&5 with SI
Ramesh Chand, Kotwali
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- Mr. Anuj Kumar
Srivastav 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 on the footpath, Netaji Subhash Marg, Near Metro Station
Gate No.4, Lal Qila, City-SP Zone, Ward 84-N, New Delhi (hereinafter,
‘vending site’)
3. The case of the Petitioner is that he is a street vendor, who has been
vending from the vending site for several years.The Petitioner has a issued a
provisional Certificate of Vending (hereinafter, ‘CoV’) bearing URI No.
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6370586 under the category of ‘ Food/Snack with gas cylinder/fine’ for City-
SP Zone, Ward -84-N.
4. The photograph of the Petitioner’s vending site is extracted below:

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5. The grievance of the Petitioner is that he is being harassed by the
concerned officials of the Municipal Corporation of Delhi (hereinafter,
‘MCD’) and Delhi Police, who are not allowing him to peacefully vend from
the vending site.
6. Ld. Counsel for the MCD points out that Netaji Subhash Marg is a Non-
vending zone.
7. Ld. Counsel for the Petitioner has placed reliance upon the recent
judgment of the Supreme Court dated 9th April, 2026 in Special Leave
Petition (Civil) 21349/2025 titled ‘Malkit Singh and Anr. v. State of U.T.
Chandigarh and Ors.’ wherein the Supreme Court observed as under:
“[...]

11. While the efforts carried out thus far have
apparently borne results and are therefore
appreciable, it is a matter of concern for us whether all
relevant efforts have been made to regularize such
hitherto illegal vendors, including those who are not
before us, by granting them space in designated
vending zones so as to ensure minimum disruption to
their livelihood in the long term. Any action by the
State that disrupts this livelihood must therefore be
carried out with care, fairness, and a clear sense of
responsibility.

If vending zones have already been identified and
designated, it is not enough for the authorities to
simply point to their existence. Removing vendors
from familiar locations, even for legitimate public
reasons such as easing congestion or improving
urban order, creates an immediate need for support.
Vending zones are meant to provide a lawful and
workable alternative, and that purpose is lost if
displaced vendors are left uncertain, uninformed, or
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unable to access these spaces in practice. Let the State
clearly clarify the existing information available at
the defined vending zones which in any event have to
be acceptable to all concerned.

12. This kind of assistance is not an act of generosity.
It reflects a basic respect for the right to earn a living
and to carry on a lawful occupation. When vendors are
removed without any real help in relocating, the
hardship caused is out of proportion to the regulatory
goal, and such an exercise risks becoming punitive
rather than orderly.
In essence, if vendors are displaced through
encroachment drives and lawful vending zones are
available, the State has a duty to actively support their
transition to these zones in accordance with the law.
Doing so upholds both the spirit of regulation and the
human reality of those whose lives depend on street
vending.

13. It is also to be recognized that forcible shifting or
removal of encroachments, while it may be entirely in
accordance with law, disrupts the customer base that
comes with the shop being located at a particular
area. The State is required to undertake efforts to let
residents know that the shops have been shifted, i.e.,
have awareness drives that would divert the
customers to the designated area. Let an affidavit be
filed with the relevant details, within two weeks of this
order.”

8. In terms of the aforesaid judgement, if the street vendors are vending
in a No-vending zone, the MCD or the concerned authority has a duty to assist
them in moving from a non-vending to a vending zone, so as to provide the
street vendors with a workable alternative from where they can earn their
livelihood.
Signature Not Verified
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9. The Court has considered the matter. After hearing ld. Counsels
appearing for the parties and perusing the provisional CoV of the Petitioner,
as also the photograph, this Court is inclined to pass the similar directions as
have been passed in similar matters being W.P.(C) 19391/2025 titled ‘ Mohd
Badruddin v. Municipal Corporation of Delhi & Ors.’ , W.P.(C) 15082/2025
titled ‘ Rajendra Singh v. Commissioner of Police and Ors’. and in W.P. (C)
1609/2026 titled ‘Rihana v. MCD & Ors.’
10. Since the category of the Petitioner is ' Food/ Snack with Gas Cylinder/
Fire' , the Petitioner is permitted to run the vend at the vending site, subject 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 or medium sized gas
cylinder for heating of food and snacks shall be used by the
Petitioner;
ii. 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;
iii. 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;
iv. 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;
v. It shall be ensured that the Petitioner shall not create any
third-party interest in this provisional CoV and there shall be a bar
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on sub-letting or any handing over possession to any third party;
vi. No permanent or temporary construction shall also be
erected by the Petitioner;
11. 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.
12. In addition, in the present case, since the Petitioner is vending at Netaji
Subhash Marg, which is a non-vending zone, the concerned Assistant
Commissioner may identify an appropriate alternative location for the
Petitioner within the permitted vending areas of the same zone. Until such a
location is allotted, the Petitioner shall not be disturbed from vending his
wares at the vending site, subject to compliance with the aforesaid conditions.
13. Petition is disposed of in these terms. All pending applications, if any,
are also disposed of.
PRATHIBA M. SINGH
JUDGE



MADHU JAIN
JUDGE
APRIL 16, 2026
Rahul/sm
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:20.04.2026
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