Ravi Kumar vs Municipal Corporation Of Delhi And Ors

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
nd
Date of Decision: 2 November, 2026
th
Uploaded on: 4 November, 2026
# CNR No. DLHC010527592026
+ W.P.(C) 16214/2026
RAVI KUMAR .....Petitioner
Through: Mr. Aditya, Mr. Vipin Kumar, Ms.
Pralika Chakraborty, Mr. Anjani
Kumar Mishra, Advocates
versus

MUNICIPAL CORPORATION OF DELHI AND ORS
.....Respondents
Through: Ms. Shilpa Ohri, Additional Standing
Counsel for MCD
Ms. Vaishali Gupta, Panel Counsel
(Civil) with Ms. Rashi Aggarwal,
Advocate for GNCTD/R-3.
Mr. Raghvendra Shukla, SPC, Ms.
Pooja Kumari, GP, Mr. Asra Chandra,
Mr. Himanshu Tyagi, Mr. Shivam
Ukalaniya, Advocates for R-4 & R-5

CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE DINESH BHATT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner- Ravi Kumar under
Article 226 of the Constitution of India, inter alia, seeking issuance of an
appropriate writ directing the Respondents to allow the Petitioner to
Signature Not Verified
W.P.(C) 16214/2026 Page 1 of 6
Signed By:DHIRENDER
KUMAR
Signing
Date:04.11.2026 17:57

peacefully vend at his designated spot i.e., on the open space, Raja Dhirsain
Marg, near Mount Kailash Apartment, East of Kailash, South Zone, Ward-S-
86, New Delhi.
3. The Petitioner is a vendor with a Certificate of Vending (hereinafter,
‘COV’ ) bearing URI No. 1692921 under the category ‘Food/Snack with Gas
Cylinder/Fire’ . A photograph has been handed over by the ld. Counsel for the
Petitioner which is set out below:

4. Mr. Aditya, ld. Counsel for the Petitioner submits that the vendor be
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W.P.(C) 16214/2026 Page 2 of 6
Signed By:DHIRENDER
KUMAR
Signing
Date:04.11.2026 17:57

allowed to vend peacefully at his designated site.
5. On the other hand, ld. Counsel for the Municipal Corporation of Delhi
st
(hereinafter, ‘MCD’ ) has handed over images of 31 October, 2026 depicting
the manner in which the Petitioner has encroached the entire area. According
to ld. Counsel, the Petitioner is also not keeping sanitation and hygiene or
cleanliness in the area. It is further submitted by ld. Counsel for MCD that
traffic congestion is caused due to the vend of the Petitioner and also the local
residents are complaining repeatedly about the Petitioner with the police and
subsequently, the police has complained to the MCD. The images as handed
over by the ld. Counsel for MCD are set out below:-

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W.P.(C) 16214/2026 Page 3 of 6
Signed By:DHIRENDER
KUMAR
Signing
Date:04.11.2026 17:57

6. A perusal of the above images would show that the Petitioner is
violating the terms and conditions of the provisional CoV. The Petitioner has
put up a temporary structure and is not maintaining cleanliness/ hygiene as
also permitting traffic congestion right outside his vend. In the opinion of this
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W.P.(C) 16214/2026 Page 4 of 6
Signed By:DHIRENDER
KUMAR
Signing
Date:04.11.2026 17:57

Court, this kind of vending cannot be permitted even if it is by way of a CoV
which has been issued under the category ‘Food/Snack with Gas
Cylinder/Fire’ . Under such circumstances, MCD is justified in taking action.
7. However, since the Petitioner is a provisional CoV holder, if he wishes
to obtain an alternate vending site, he may approach the concerned Assistant
Commissioner, MCD who shall identify an alternate vending site.
8. If an alternate site is identified for the Petitioner for vending by the
Assistant Commissioner, MCD, the Petitioner shall then abide by all the terms
and conditions of the CoV except Condition No. 11.
9. Additionally, the Petitioner shall also be bound by the following terms
and conditions:
(i) The Petitioner shall be permitted to operate his vend, but shall
use a gas cylinder which does not occupy too much space. It is made
clear that only a small gas cylinder for heating of food and snacks shall
be used by the Petitioner;
(ii) The Petitioner shall restrict himself to a particular space which
shall not in any manner cause obstruction to the movement of
pedestrians or cause any traffic congestion to vehicular traffic on the
roads;
(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-
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W.P.(C) 16214/2026 Page 5 of 6
Signed By:DHIRENDER
KUMAR
Signing
Date:04.11.2026 17:57

party interest in this provisional CoV and there shall be a bar 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.
10. Upon the alternate site being identified the Petitioner shall be permitted
to peacefully vend subject to compliance of the above conditions. The present
order shall be subject to the decision of the Town Vending Committee–II
after being constituted.
11. Further, 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. It is made clear that the Petitioner shall not vend at the present vending
site i.e., on the open space, Raja Dhirsain Marg, near Mount Kailash
Apartment, East of Kailash, South Zone, Ward-S-86, New Delhi. The SHO,
Police Station- Amar Colony shall remove the Petitioner from the present site.
13. Copy of this order be communicated to the SHO, Police Station- Amar
Colony by Mr. Ritesh Kumar Bahri, ld. APP.
14. The present petition is disposed of in these terms. Pending applications,
if any, are also disposed of.

PRATHIBA M. SINGH
JUDGE


DINESH BHATT
JUDGE
NOVEMBER 2, 2026/ ‘ rs’/ck
Signature Not Verified
W.P.(C) 16214/2026 Page 6 of 6
Signed By:DHIRENDER
KUMAR
Signing
Date:04.11.2026 17:57