Sudhir Kumar Jha vs Chairman, Town Vending Committee And Ors
- Court
- Delhi High Court
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 10 September, 2026
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Uploaded on: 14 September, 2026
# CNR No. DLHC010321052026
+ W.P.(C) 10020/2026
SUDHIR KUMAR JHA .....Petitioner
Through: Mr. Aditya, Adv.
Versus
CHAIRMAN, TOWN VENDING COMMITTEE
AND ORS .....Respondents
Through: Mr. Sidhant Nath, SC with for MCD
Mr. Bhavishya Makhija, Mr. Aman
Khan, Mr. Parmeshvar Dayal
(Licence Inspector ) MCD.
SI Dharampal, Traffic Police (Mob.
No.9667688616)
Mr. Varun Chugh, SPC, Mr. Shagun
Shahi Chugh SPC, Ms. Ayushi
Agarwal, Advs. along with Inspector
Surendra Kumar TI Mayur Vihar,
Akash Chandrayan , GP for R-2,4,5
Ms. Vaishali Gupta, Panel Counsel
(Civil) GNCTD, Ms. Rashi
Aggarwal, Advocates for R-6.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE VIKAS MAHAJAN
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:14.09.2026
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W.P.(C) 10020/2026 Page 1 of 7
2. The present petition has been filed by the Petitioner inter alia, seeking
directions to the Respondents to issue the Certificate of Vending to Petitioner
and allow the Petitioner to peacefully vend from the vending site i.e. , On the
Footpath, Noida Link Road, Opposite Akshardham Metro Station, Shahdara
South Zone, New Delhi (hereinafter, ‘the vending site’) .
3. The Petitioner is also seeking release of the goods which were seized
by the Traffic Police officials.
4. On 23rd July, 2026, the Court, while noting that the Petitioner is a 90%
disabled street vendor and is stated to be vending from the vending site for
several years, had made the following observations:
“7. A perusal of the photograph makes it clear that the
Petitioner is a disabled person.
8. However, he is also not maintaining cleanliness around
the vend. This would be contrary to terms and conditions
of the CoV.
9. In any event considering his disability and taking a
compassionate and empathetic view, the concerned
officials of the Delhi police are directed to return his
goods immediately, within 24 hours.
10. In addition, ld. Counsel for the MCD shall obtain
instructions as to the location where the Petitioner can
carry on vending, in a manner that does not obstruct the
entry and exit of the Akshardham metro station.”
5. As stated above, the Petitioner is suffering from 90% locomotive
disability. It is his case that he is presently not being allowed to peacefully
vend from the vending site.
6. As directed by the Court on 23rd July, 2026, the case of the Petitioner
was to be dealt with compassionately and a direction was issued to the ld.
Counsel for the MCD to obtain instruction as to the location where the
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Signing Date:14.09.2026
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W.P.(C) 10020/2026 Page 2 of 7
Petitioner carried out vending.
7. Today, ld. Counsel for the MCD – Mr. Sidhant Nath submits that the
MCD is unable to allot a fixed site to the Petitioner, as he has to be a mobile
vendor.
8. Moreover, it is submitted that the Delhi Police has also had an
objection with Petitioner vending at the concerned area as the vend of the
Petitioner is presently located in the area which falls under the National
Highway Authority of India (NHAI) and the area is a non-vending zone. It is
also submitted by ld. Counsel that there is a heavy traffic movement on the
said road.
9. Ld. Counsel for the Petitioner, however, has identified a vend outside
the Commonwealth Games Village Sports Complex where earlier, a
government vend used to run.
10. Heard. It is not up to this Court to decide as to where the vend of the
Petitioner should be located.
11. The TVC-II elections have now been concluded and the list of
nominated/ designated members is awaited to be confirmed.
12. Hence, once TVC-II is constituted, they can take a decision on how
vendors who have disabilities are to be treated.
13. Recently, this Court has dealt with another matter where the Petitioner
was visually disabled and had filed a petition seeking directions to be
permitted to peacefully vend at his vending site. In the said case, being W.P.
(C) 11073/2024 titled Bharat Bhushan v. MCD & Anr., the Court directed
TVC-II to consider the issue pertaining to providing reasonable
accommodations to specially abled persons in accordance with Rights of
Persons with Disabilities Act, 2016. Relevant portion of the order dated 31st
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Signing Date:14.09.2026
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July, 2026 passed in Bharat Bhushan (supra) is as under:
“5. Considering the provisions of the Rights of
Persons with Disabilities Act, 2016, let MCD take
a decision as to whether persons who have visual
impairment, as is the case of the Petitioner herein,
or some other disabilities would be required to be
given reasonable accommodation.
6. This would be a Policy decision to be taken by
the MCD, bearing in mind the provisions of the
Rights of Persons with Disabilities Act, 2016, as
also the judgment of the Supreme Court requiring
the reasonable accommodation to be given to
persons with disabilities in Rajive Raturi v. Union
of India [(2018) 2 SCC 413].
7. Further, the Supreme Court in Vikash Kumar
v. UPSC & Ors. [2021 SCC Online SC 84] has also
held that the State, as also the private parties are
mandated to provide reasonable accommodation
to persons with disabilities.
8. Since the TVC-2 elections have also been
scheduled to be held in August, 2026, let this matter
be placed before the TVC-2 within 2 weeks after its
constitution.
9. The appropriate official of the MCD, along with
TVC-2 shall take a decision in this regard and shall
file a status report.”
14. Under the Rights of Persons with Disabilities Act, 2016, reasonable
accommodation has to be made for such vendors who suffer from disability.
Sections 20 & 21 of the Act, that provide for such equal opportunity policy
to be mandated in government establishments read as under:
“20. (1) No Government establishment shall
discriminate against any person with disability in
any matter relating to employment: Provided that
the appropriate Government may, having regard to
the type of work carried on in any establishment, by
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W.P.(C) 10020/2026 Page 4 of 7
notification and subject to such conditions, if any,
exempt any establishment from the provisions of
this section.
(2) Every Government establishment shall provide
reasonable accommodation and appropriate
barrier free and conducive environment to
employees with disability.
(3) No promotion shall be denied to a person merely
on the ground of disability.
(4) No Government establishment shall dispense
with or reduce in rank, an employee who acquires a
disability during his or her service:
Provided that, if an employee after acquiring
disability is not suitable for the post he was holding,
shall be shifted to some other post with the same pay
scale and service benefits:
Provided further that if it is not possible to adjust
the employee against any post, he may be kept on a
supernumerary post until a suitable post is
available or he attains the age of superannuation,
whichever is earlier.
(5) The appropriate Government may frame
policies for posting and transfer of employees with
disabilities.
21 . (1) Every establishment shall notify equal
opportunity policy detailing measures proposed to
be taken by it in pursuance of the provisions of this
Chapter in the manner as may be prescribed by the
Central Government.”
15. This position is also recognized in the Government of National Capital
Territory of Delhi Street Vendors (Protection of Livelihood and Regulation
of Street Vending) Scheme, 2015 itself, wherein Clause 6.2 provides as
under:
“ 6.2 The other categories of persons for preference for
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W.P.(C) 10020/2026 Page 5 of 7
issue of certificate of vending:
Preference in issue of COV may be given to the
following categories: (6.2.1) Persons with Disability:
Allotment of 3% of the vending sites In all categories.
the preference allotment of 3% in above category shall
be available on production of Disability Certificate
(with photograph) issued by Competent Govt. Medical
Authorities as defined in the relevant Act in force.
(6.2.2) Women: 30% of vending sites in all categories.
Preference to Widows shall be given case to case basis.”
16. When a person has a locomotor disability, as is the case of Petitioner
herein, it cannot be expected that he can be operate as a mobile vendor and
thus, the authorities, including the TVC-II upon constitution has to take a
policy decision in this regard to comply with the provisions of Rights of
Persons with Disabilities Act, 2016, .
17. In the meantime, however, the Petitioner, who has a 90% locomotor
disability, cannot be asked to be a mobile vendor, inasmuch as he does not
have the physical capability to operate as a mobile vendor.
18. Under these circumstances, the Petitioner is permitted to operate as a
stationary vendor in these exceptional circumstances.
19. The Assistant Commissioner, MCD, of the area concerned shall
identify a space which is not falling within the NHAI area and from where
the Petitioner can peacefully vend as a stationary vendor.
20. The said site shall be identified within a period of two weeks from the
date of this order and the Petitioner shall be duly communicated the location
of the said site. The Petitioner shall vend from the said site, strictly in terms
of the terms and conditions of the CoV, except condition 11. Subject to the
same, he shall be permitted to peacefully vend.
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:14.09.2026
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21. The petition is disposed of in these terms. All pending applications, if
any, are also disposed of.
22. The above order shall be subject to any policy decision to be taken by
the TVC-II after being constituted.
PRATHIBA M. SINGH
JUDGE
VIKAS MAHAJAN
JUDGE
SEPTEMBER 10, 2026
Rahul/ss
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:14.09.2026
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