Virendr Prasad vs New Delhi Municipal Council & Ors.

Court
Delhi High Court

$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
nd
Date of Decision: 2 November, 2026
th
Uploaded on: 5 November, 2026
# CNR No. DLHC010527042026
+ W.P.(C) 16184/2026
VIRENDR PRASAD .....Petitioner
Through: Mr. Kirti Uppal, Sr. Adv. with Ms.
Shaini Bhardwaj, Ms. Rukhsar, Mr.
Avichal Mishra, Mr. Pratham
Diwakar, Mr. Vedic Thukral, Advs.
Petitioner in person
versus
NEW DELHI MUNICIPAL COUNCIL & ORS. .....Respondents
Through: Mr. Sriharsha Peechara, SC with
Mr. Soumit Ganguli, Advs.

CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE DINESH BHATT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL. 75758/2026 (exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
W.P.(C) 16184/2026
3. The present petition has been filed by the Petitioner under Article 226
of the Constitution of India, inter alia , seeking directions to the Respondents
to recognise the change of trade of the Petitioner from selling belt to selling
readymade garments in respect of vending site i.e., Mohan Singh Place,
Connaught Place, New Delhi in compliance with Circular dated 16th August,
Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing
Date:05.11.2026 15:06
W.P.(C) 16184/2026 Page 1 of 7

2016 bearing no. D-1043/SO(Estate-I)/2016 issued by New Delhi Municipal
Council.
4. The Petitioner is a vendor having a Certificate of Vending (hereinafter,
‘CoV’) bearing Vendor ID. no. V2025200826 . As per the said certificate, the
details of vending are as under:
Vending No. V2025200826
Category Belt Shop
Area Mohan Singh Place

5. The case of the Petitioner is that, although the Petitioner was issued
CoV for vending belts, the Petitioner has been vending garments and clothes
to sustain his family. It is his case that he wishes to change his category of
trade to readymade garments.
6. At the time of the survey in 2025, the photographs of Petitioner’s vend
is set out below:

Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing
Date:05.11.2026 15:06
W.P.(C) 16184/2026 Page 2 of 7

7. However, the present photograph of Petitioner’s vend is as under:
Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing
Date:05.11.2026 15:06
W.P.(C) 16184/2026 Page 3 of 7

8. The Petitioner has placed reliance upon the Clause 4(iii) of the Circular
dated 16th August, 2016 bearing no. D-1043/SO(Estate-I)/2016 issued by the
New Delhi Municipal Council (hereinafter, ‘the circular’) .
The relevant portion of the Circular is set out below:

“ 4. Change of Trade

(i) All pending cases shall be dealt as per this
decision of the Council.
(ii) No trade in the negative list shall be permitted.
Negative list for each market to be notified within
th
one month from the date of this circular viz. 16
August, 2016.
(iii) For (a) change from 'licence trade' to 'non-
licence trade which is not in the negative list', or
(b) change from 'non-licence trade' to 'non-
licence trade which is not in the negative list', or
(c) grouping of non-licence trades which are not
in the negative list, permission from NDMC will
not be required, and an intimation, without any
fee/ increase in licence fee, to the Director Estate,
NDMC shall be sufficient for the same…...”
Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing
Date:05.11.2026 15:06
W.P.(C) 16184/2026 Page 4 of 7

9. Ld. Sr. Counsel for the NDMC submits that, as per the said clause in
the Circular , for change of non-license trade to another non-license trade,
which is not in the negative list, no permission is required, if the activities are
not in the negative list.
10. Further, it is also submitted by ld. Sr. Counsel for the Petitioner that,
on the basis of the circular , the intimation of vending as a readymade garment
seller has already been given on 12th October, 2026 to the NDMC. However,
despite the same, the NDMC officials continue to disturb the peaceful vending
activities of the Petitioner.
11. Ld. Counsel for the NDMC submits that the change in the trade activity
can only be considered by TVC-II, after it is constituted.
12. The Court has considered the matter. The prayer of the Petitioner is for
a change of category in the Certificate of Vending. Although the same is to
be decided by the TVC-II, in the meantime, so long as the Petitioners are
vending items falling within the non-negative list, they shall not be disturbed.
However, they shall strictly adhere to the terms and conditions governing
vending and ensure that the size of their vending space is maintained at 6’ x
4’. It is made clear that the Petitioner shall not run two separate vends – i.e.,
for belts and garments and shall run only one vend.
13. The Petitioner shall abide by the terms and conditions of vending which
are set out below:
“1. Vendor shall not have any other permanent or long-
term vending certificate.
2. Vending certificate is non-transferable.
3. It is mandatory for the vendor to follow the vending
period and zone as determined by TVC or local body.
Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing
Date:05.11.2026 15:06
W.P.(C) 16184/2026 Page 5 of 7

4. Vendor shall not give his vending certificate on rent
in any way.
5. Vendor shall not have any infectious disease.
6. Vendor shall have to take care of hygiene on vending
place/zone and nearby area and also take care of public
health.
7. Vendor shall display copy of vending certificate on
his place/vending site and will produce original
documents to TVC/concerned inspector whenever
required.
8. Vendor/Squatter shall insure that no hindrance be
caused to pedestrian and vehicular moment.
9. Vendor shall not vend/sell any harmful, dangerous
and polluted items. It should also be ensured that the
quality of the products sold and services provided to the
public conform to the prescribed standards of public
health, hygienic conditions and safety.
10. The street vendor shall not do any
unauthorized/illegal activity.
11. Mobile vendors shall not stay or vend more than 30
minutes or time prescribed by the TVC at place in a
vending/squatting zone.
12. Vendors will not block footpaths and will not vend
on roads. Vendor should take care of space in front of
vending stalls/counters on footpath for pedestrians.
13. Vending certificate can be cancelled or suspended
on the basis of violations.
14. Vendor shall not build or construct any kind of
permanent or temporary structure at vending site.
15. Seller shall adopt health and hygiene conditions as
required by local laws and court orders.
16. Vendor have to follow all the conditions mentioned
in Delhi Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Scheme, 2019.”
Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing
Date:05.11.2026 15:06
W.P.(C) 16184/2026 Page 6 of 7

14. Subject to the Petitioner complying with the same, they shall not be
disturbed.
15. After the TVC-II is constituted, the change of category in the CoV shall
be considered by the TVC-II. 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 petition is disposed of in above terms. Pending applications, if any,
are also disposed of.

PRATHIBA M. SINGH
JUDGE


DINESH BHATT
JUDGE

NOVEMBER 2, 2026/ss/sm
Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing
Date:05.11.2026 15:06
W.P.(C) 16184/2026 Page 7 of 7