Amarjeet Pandit vs Municipal Corporation Of Delhi

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 28 October, 2026
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Date of decision: 31 October, 2026
# CNR No. DLHC010490772026
+ W.P.(C) 15049/2026 & CM APPL. 70587/2026
AMARJEET PANDIT .....Petitioner
Through: Mr. Swagat Gupta, Mr. Rishi Raj,
Ms..Renu, Mr. Anil, Advs. for Mr
Kamlesh Kumar Mishra, Adv.
versus
MUNICIPAL CORPORATION OF DELHI .....Respondent
Through: Ms. Puja S Kalra, Standing Counsel
with Mr. Virendra Singh, Adv. (M:
9312839323)
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 – Mr. Amarjeet
Pandit under Article 226 of the Constitution of India seeking a direction to
the Municipal Corporation of Delhi (hereinafter, ‘the MCD’) to release his
seized vending cart and vending goods.
3. The Petitioner is stated to be having a Certificate of Vending
(hereinafter ‘ CoV’ ) bearing No. URI:4298965 issued by MCD in the category
of ‘Others’ to vend from the designated site i.e., Ward 84-N, City SP Zone.
4. It is the case of the Petitioner that his vending cart and wares were
W.P.(C) 15049/2026 Page 1 of 5
Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing Date:31.10.2026
11:31:16

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seized on 18 August, 2026 by the MCD officials and the same are not being
returned. Further, it is the prayer of the Petitioner that his site on the footpath
near Old Delhi Railway Station (Ward 84-N, City SP Zone) needs to be
restored to him.
5. Mr. Swagat Gupta, ld. Counsel for the Petitioner submits that the
Petitioner has approached the MCD several times but the vending goods and
vending cart have not been returned to him.
6. Ms. Kalra, ld. Counsel for the MCD has placed on record certain
photographs showing the manner in which the Petitioner has encroached upon
the footpath where he is vending. The said photographs are extracted below:
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Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing Date:31.10.2026
11:31:16

7. The Court has considered the matter. A perusal of the CoV would show
that the Petitioner’s vending is under the category ‘ Others ’. Therefore, he is
strictly bound by the terms and conditions of the CoV, which have not been
placed on record. However, the standard conditions are extracted below:
“1. Vendor shall not have any other permanent or long-
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Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing Date:31.10.2026
11:31:16

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.
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
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Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing Date:31.10.2026
11:31:16

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”
8. The Petitioner has to, therefore, operate as a mobile vendor and
therefore, he cannot enlarge the vending site on the footpath by putting chairs
and tables as has been done by the Petitioner. The Petitioner was in effect
running a Dhaba on the pavement, contrary to the vending conditions. The
MCD has rightly taken an action in this matter against the Petitioner.
9. Under these circumstances, the reliefs prayed in the petition cannot be
granted as the Petitioner is clearly in violation of the terms and conditions of
the COV .
10. However, the Petitioner is free to approach the MCD for release of his
cart and goods after paying the requisite fine. The Petitioner shall vend strictly
in accordance with his CoV , failing which action would be liable to be taken
by the MCD.
11. No further orders are called for.
12. The petition is disposed of in these terms. All pending applications, if
any, are also disposed of.
PRATHIBA M. SINGH
JUDGE
DINESH BHATT
JUDGE
OCTOBER 28, 2026/ dk/as
W.P.(C) 15049/2026 Page 5 of 5
Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing Date:31.10.2026
11:31:16