Rajpal vs Municipal Corporation Of Delhi And Ors.

$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 26 May, 2026
th
Uploaded on: 27 May, 2026
+ W.P.(C) 7606/2026 & CM APPL. 36775/2026
RAJPAL .....Petitioner
Through: Mr. Kamlesh Kumar Mishra, Mr.
Swagat Gupta, Ms. Renu and Mr.
Navy Charlie, Advs.
versus
MUNICIPAL CORPORATION OF DELHI AND ORS.
.....Respondents
Through: Ms. Puja S. Kalra, SC with Mr.
Virendra Singh, Adv. for MCD.
Ms. Amish Tandon and Ms. Akanksha
Mishra, Advs for R2 to R5.
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, inter alia , seeking
directions to the Respondents to allow the Petitioner to peacefully vend at his
designated spot i.e., near Kashmere Gate (Police Station), SP Zone, Ward 84-
N, New Delhi.
3. This is a petition filed by a street vendor who has been given Certificate
of Vending (hereinafter “ CoV ”) bearing URI No. 9336593 under the category
of “Food/ Snacks with gas cylinder/ fire”.
4. The case of the Petitioner is that he is vending in a mobile cart.
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:27.05.2026
18:50:44
W.P.(C) 7606/2026 Page 1 of 4

However, authorities are repeatedly harassing and obstructing his vending.
5. The photograph of the cart has been set out in the petition which is
extracted here:
6. Ld. Counsel for the Respondent submits that the Petitioner is using a
Tandoor and is occupying more area than is permissible. Also, he does not
operate as a mobile vendor which is in violation of the terms and conditions
of the CoV. Further, the Petitioner is stated to be vending in a non-vending
zone.
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:27.05.2026
18:50:44
W.P.(C) 7606/2026 Page 2 of 4

7. After hearing ld. Counsels for the parties, it is directed that the Assistant
Commissioner, MCD of the concerned area shall identify the space/area from
where the Petitioner can vend. Upon such identification being made, the
Petitioner shall move his cart at the said space/area and shall only vend from
the allocated area/spot.
8. Further, this Court has dealt with similar matters falling under the same
category of ‘Food /Snack with gas cylinder/fire’. Recently, in a similar matter
i.e., in W.P.(C) 19391/2025 titled Mohd Badruddin v. Municipal
Corporation of Delhi & Ors . , a vendor with a provisional CoV, who was also
entitled to vend ‘Food/Snacks with gas cylinder/fire’, has been exempted by
this Court to comply with Condition No. 11 of the CoV. The said Condition
No. 11 of the COV reads as under:
“ 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 .”
9. Since the category of the Petitioner is ' Food/ Snack with Gas
Cylinder/Fire' , the Petitioner is permitted to run the vend at the allotted
vending site, subject to the following 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 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;
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:27.05.2026
18:50:44
W.P.(C) 7606/2026 Page 3 of 4

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 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. Further, the Petitioner shall also not keep a Tandoor outside of the cart.
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. The petition is disposed of in the above terms. Pending applications, if
any, are also disposed of.
PRATHIBA M. SINGH
JUDGE
MADHU JAIN
JUDGE
MAY 26, 2026/b/msh
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:27.05.2026
18:50:44
W.P.(C) 7606/2026 Page 4 of 4