Kishan Chand And Ors. vs Municipal Corporation Of Delhi And Ors.

$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
rd
Date of decision: 3 September, 2026
th
Uploaded on: 7 September, 2026
# CNR No. DLHC010599482024
+ W.P.(C) 12697/2024, CM APPL. 60249/2024, CM APPL.
60250/2024, CM APPL. 16216/2025 & CM APPL. 16217/2025
KISHAN CHAND AND ORS. .....Petitioners
Through: Mr. Sanjay Baniwal and Mrs.
Manisha, Advs.
versus
MUNICIPAL CORPORATION OF DELHI
AND ORS. .....Respondents
Through: Ms. Shweta Priya, Adv. for MCD.
Mr. Sanjay Kumar Pathak, Standing
Counsel with Mr Sunil Kumar Jha, Mr
M S Akhtar and Mr Kushagra Dixit,
Advs. for LAC.
Ms Arunima Dwivedi CGSC, Ms
Himanshi Singh, Ms Monalisha
Pradhan, Mr Suman Ghosh and Mr.
Amit Acharya, GP for UOI.
Ms. Vaishali Gupta, Panel Counsel
(Civil) GNCTD with Ms. Rashi
Aggarwal, Adv. for R-4.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE VIKAS MAHAJAN
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioners, who are 45 street
vendors, all of whom have been issued provisional Certificates of Vending
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:07.09.2026
17:55:11
W.P.(C) 12697/2024 Page 1 of 11

(hereinafter, ‘CoV’) .
3. The details of the Petitioners, their CoVs and category of vending as
set out in Petitioner’s representation dated 9th August, 2024 made to the
Respondents, is as under :
Category
mentioned
Sr.No. Name of the
Street Vendor
Certificate of
Vending No.
Zone
1. Bablu 1802752 Others South, Ward-S-79
2. Heera Devi 8966182 Others South, Ward-S-79
3. K D Shrivastav 9108262 Others South, Ward-S-79
4. Rajesh Srivastav 5865964 Others South, Ward-S-79
5. Naresh Kumar 3842639 Others South, Ward-S-79
6. Amar Singh 9613268 Others South, Ward-S-79
7. Ashwani 2611790 Others South, Ward-S-79
8. Kishan Chand 8308252 Others South, Ward-S-79
9. Hukam Chand 8385659 Others South, Ward-S-79
10. Ashfak Hussain 4457844 Others South, Ward-S-79
11. Rajesh Kumar 4554110 Others South, Ward-S-79
12. Aakash 7164974 Others South, Ward-S-79
Food/Snack
13. Mohan Lal 4311375
with Gas
Cylinder/Fire
South, Ward-S-79
14. Subhash 7004665 Others South, Ward-S-79
15. Shanu 2353954 Others South, Ward-S-79
16. Heera Lal
Reswal
9596810 Others South, Ward-S-79
17. Bijender Singh 2900291 Others South, Ward-S-79
18. Gulshan
(Deceased)
1559698 Others South, Ward-S-79
19. Pushpa Devi 5568072 Others South, Ward-S-79
20. Ved Prakash 8523978 Others South, Ward-S-79
21. Jitender Gupta 4455784 Others South, Ward-S-79
22. Hetraj 3149649 Others South, Ward-S-79
23. Vijendra Kumar 2936612 Others South, Ward-S-79
24. ShaneAlam 8714494 Others South, Ward-S-79
25. Hira tal 1618911 Others South, Ward-S-79
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:07.09.2026
17:55:11
W.P.(C) 12697/2024 Page 2 of 11

26. Om Prakash 2274583 Others South, Ward-S-79
27. Dileep Kumar 2991096 Others South, Ward-S-79
South, Ward-S-79
28. Ramesh Kumar 6765630 Others South, Ward-S-79
29. Ashok Kumar 7763085 Others South, Ward-S-79
30. Chander Kala 5329216 Others South, Ward-S-79
Food/Snack
31. Jagdish 5620708
with Gas
Cylinder/Fire
South, Ward-S-79
32. Om Prkash
Jonwal
9749688 Others South, Ward-S-79
33. Kamlesh Bharti 2090980 Others South, Ward-S-79
34. Aslam 5275425 Others South, Ward-S-79
35. Sabir Ali 2925023 Others South, Ward-S-79
36. Zubeda 2467447 Others South, Ward-S-79
37. Suleman 8342850 Others South, Ward-S-79
38. Anil Kumar 4441629 Others South, Ward-S-79
39. Rajendra
(Deceased)
5800681 Others South, Ward-S-79
40. Geeta Devi 8493862 Others South, Ward-S-79
41. Murari Lal 5755900 Others South, Ward-S-79
42. Madan Lal 6346162 Others South, Ward-S-79
43. Jakir Ali 4192662 Others South, Ward-S-79
44. Rajesh Pahadia 9091037 Others South, Ward-S-79
45. Pradeep Bhatia 9670290 Others South, Ward-S-79
4. The case of the Petitioners is that they have been vending in the ‘Sheetla
Mata Market, Madangir’ (hereinafter, ‘the vending area’) since several years,
and they have also been paying property tax to the Municipal Corporation of
Delhi (hereinafter, MCD’) .
5. The Petitioners’ grievance is that, despite the property tax having been
acknowledged and demand notices having been raised by the MCD for
th
property tax, their vends were demolished from the vending area on 30 July,
2024.
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:07.09.2026
17:55:11
W.P.(C) 12697/2024 Page 3 of 11

6. The Petitioners have, therefore, approached this Court with the prayer
that they ought to be permitted to establish their vending units with semi-
permanent structures in the vending area, which were illegally demolished.
7. The various prayers in the petition are as under:
“I. Pass an order for Re-Establishment of the Vending
Units/ Semi-Permanent structure of the petitioners at
their fixed place/ location at "Sheetla Mata Market,
Madangir" (South Zone, Ward - S- 79) which have been
Demolished Illegally on 30.07.2024 by the Respondents
without following the proper procedure/ due process of
law as enumerated in law i.e., in terms of the Section 18
(3) of the Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Act, 2014;
II. Pass an order directing the Respondent MCD to
decide the Representation dated 09.08.2024 made by the
Petitioners for rectifying/ deciding the Category of the
Street Vendors as Stationary Street Vendor in terms of
the Section 6 of the Street Vendors (Protection of
Livelihood and Regulation of Street Vending) Act, 2014
in the Certificates of Vending (COV) of the Petitioners;
III. Pass an order directing the Respondent No. 1
(MCD) and Respondent No. 2 and 3 (Delhi Police) to
not to stop the Petitioners from carrying out the Vending
activity from their fixed place/ location at "Sheetla Mata
Market, Madangir" (South Zone, Ward - S - 79) which
have been Demolished Illegally on 30.07.2024 by the
Respondents without following the proper procedure/
due process of law as enumerated in law i.e., in terms of
the Section 18 (3) of the Street Vendors (Protection of
Livelihood and Regulation of Street Vending) Act, 2014
as an Interim Measure subject to the final outcome of
the present Writ Petition.”
8. Mr. Sanjay Baniwal, ld. Counsel for the Petitioners, submits that,
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:07.09.2026
17:55:11
W.P.(C) 12697/2024 Page 4 of 11

though the Petitioners are provisional CoV holders, since they have always
been vending from semi-permanent structures and have also been paying
property tax, with the receipts specifically mentioning the shop numbers, they
have every right to erect and continue to maintain their temporary structures
for their vends.
9. The MCD has filed its affidavit, and in terms of the said affidavit, the
property tax has been paid by way of self-assessment basis and the same does
not confer any legal title or ownership in respect of the site in question.
10. The further stand of MCD is that the grant of a permanent site for
vending is purely in the domain of Town Vending Committee-II ( hereinafter
‘TVC-II ). The relevant portions of the MCD’s affidavit are extracted below:
“[…] 9. That further, it is also relevant to state here that
as regards the payment of House Tax is concerned, it
has been informed by the House Tax Department of
respondent - MCD that since 2004-2005, the House Tax
is being paid by way of Self Assessment by the tax payer.
The payment of House Tax made by any tax payer on
Self Assessment basis, does not confer any legal title,
right or ownership of the property / site in question in
their favour. Moreover, the site in question as claimed
by the petitioner herein is a public road . Hence, in light
of the same, it is submitted that merely payment of
House Tax does not give them any right, title and
interest in respect of the site in question as claimed by
the petitioner.
10. That it is also relevant to state here that so as to
grant any permanent site or categories i.e. Stationary,
mobile and others in terms of the Street Vendors Act-
2014, Rules / Schemes framed there under, it will be
prerogative of the Town Vending Committee-II to
decide. However, the same has not yet been constituted.
Under the provisions of Street Vendor Act, Rules and
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:07.09.2026
17:55:11
W.P.(C) 12697/2024 Page 5 of 11

Schemes after completion of the survey and grant of
interim CoV by Town Vending Committee - 1 already
constituted, the Town Vending Committce -Il will be
constituted and then it will be within the domain of the
said TVC -II to prepare a street plan akin to the Master
Plan provisions and development plan of the area in
question taking into the consideration the data of
identified existing Street Vendors and deemed Street
Vendors (previous I Tehbazari Holders). Keeping in
view of the same, it is humbly submitted that till time no
designated site / permanent site have been allotted to the
petitioners herein. Merely grant of interim CoVs or
payment of the House Tax for the site in question as
alleged, the same does not give them any vested right,
titled and interest in respect of site as prayed for.”
11. Heard the ld. Counsel for the parties. All the Petitioners being CoV
holders, they are duty bound to abide by the terms and conditions of the
provisional CoVs. The said terms and conditions are as under:
“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.
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.
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:07.09.2026
17:55:11
W.P.(C) 12697/2024 Page 6 of 11

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”
12. Insofar as Condition No.11 is concerned, in terms of the meeting held
on 15th May, 2024 under the Chairmanship Addl. Chief Secretary (Urban
Development Govt. of NCT of Delhi), in compliance with the directions
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:07.09.2026
17:55:11
W.P.(C) 12697/2024 Page 7 of 11

passed in WPC No. 2265/2024 titled ‘Shiv Prasad & Ors. Vs MCD & Ors’
the time period of vending at a particular spot has been modified from 30
minutes to 45 minutes. The said modification has been also been noted by this
Court in W.P.(C) 10561/2026 titled ‘Yuvraj and Ors. v. MCD North’ vide
judgement dated 3rd August, 2026.
13. However, the terms of the provisional CoV the condition No. 11
stipulates that all provisional CoV holders have to operate as mobile vendors.
14. The erection of semi-permanent structures or any temporary sheds, etc.
is completely contrary to the terms and conditions of the provisional CoV and,
hence, no vested rights can be claimed by the Petitioners, who may have
erected such structures contrary to the vending conditions.
15. It is settled law that mere payment or acceptance of tax, whether
municipal or otherwise, does not confer any right, title, ownership or vested
right in the property in question. The Supreme Court, in State of A.P. & Ors.
v. M/s. Star Bone Mill & Fertiliser Co. , (2013) 9 SCC 319 , has held that:
“14. ...mere acceptance of municipal tax or agricultural
tax by a person, cannot stop the State from challenging
ownership of the land, as there may not be estoppel against
the statute. Nor can such a presumption arise in case of grant
of loan by a bank upon it hypothecating the property.”
16. This position has been reiterated by the Supreme Court in Vadiyala
Prabhakar Rao & Ors. v. Government of Andhra Pradesh & Ors. , 2026
INSC 450 , wherein, while summarising the settled principles on revenue
entries and their legal effect on the question of title, the Court held that:
“16. ….A Revenue Record is not a document of title and
does not confer any ownership or title upon the person whose
name appears in it... The mere acceptance of municipal or
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:07.09.2026
17:55:11
W.P.(C) 12697/2024 Page 8 of 11

agricultural taxes, or the granting of a bank loan based on
these records, does not stop the State from challenging the
ownership of the land.”
17. The Rajasthan High Court has taken a similar view in Ramrakh
Chhipa & Ors. v. Municipal Council 2026 : RJ-JP: 29890 , holding as under:
“16. Even otherwise, the payment of municipal taxes, or the
issuance of a receipt acknowledging such payment, at best
constitute a proof of possession only. Such payment is
merely a fiscal arrangement between the municipal
authority and the person making the payment and cannot,
by itself, confer any right, title or interest over the property
concerned .”
18. In view of the above settled position, the payment of property tax, if
accepted by the MCD inadvertently, cannot lead to overriding of the terms
and conditions of the provisional CoV. Further, it is to be noted that payment
of property tax on self-assessment basis cannot convert a public road into a
private space. Even, the acceptance of property tax on the basis of self-
assessment made by vendors cannot change the character of the vends, the
nature of vending and also the fact that there is no permanency of any site
attached to such CoV holders. The Petitioners have to operate as mobile
vendors as all of them except Petitioner Nos.13 and 31, are in the category of
‘Others’ .
19. Insofar as the Petitioner nos.13 and 31 are concerned, considering that
they are permitted to use a gas cylinder, this Court is inclined to pass similar
directions as have been passed in similar matters wherein, vendors were
vending under the category of ‘Food/Snack with gas cylinder/fire’ i.e., in
W.P.(C) 15082/2025 titled ‘ Rajendra Singh v. Commissioner of Police and
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:07.09.2026
17:55:11
W.P.(C) 12697/2024 Page 9 of 11

Ors.’ vide order dated 2nd February, 2026, W.P.(C) 19391/2025 titled ‘Mohd
Badruddin v. Municipal Corporation of Delhi & Ors.’ vide order dated 8th
January, 2026 and in W.P. (C) 1609/2026 titled ‘ Rihana v. MCD & Ors.’ vide
order dated 5th February, 2026.
20. The Petitioner Nos.13 and 31 are, accordingly, directed to comply with
the following directions:
(a) The Petitioner Nos.13 and 31 shall abide by the terms and
conditions of the provisional CoV;
(b) The Petitioner Nos.13 and 31 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;
(c) The Petitioner Nos.13 and 31 shall restrict themselves 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;
(d) The Petitioner Nos.13 and 31 shall also be obliged to maintain
cleanliness and hygiene around the vend, which they are working
from and shall ensure the presence of a dustbin near the vend;
(e) Subject to the above, Condition No.11 in the provisional CoV
shall not apply to the Petitioner Nos.13 and 31. The Petitioner
Nos.13 and 31 shall comply with all the other conditions in the
CoV.
(f) It shall be ensured that the Petitioner Nos.13 and 31 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
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:07.09.2026
17:55:11
W.P.(C) 12697/2024 Page 10 of 11

any third party.
(g) No permanent or temporary construction shall also be erected by
the Petitioner Nos.13 and 31.
21. Insofar as the other vendors are concerned, they shall also be obliged
to maintain cleanliness around their vends wherever they are stationed. They
shall also not create any temporary or permanent structure. It would be
impermissible to even create any third party rights in the provisional CoVs.
22. 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.
23. Insofar as the prayer of the Petitioners seeking change in the category
is concerned, the same is purely in the domain of TVC-II which is in the
process of being constituted by the MCD.
24. After the TVC-II is constituted, the Petitioners shall be at liberty to
make their representations seeking a change of category, which shall be
considered and disposed of by the TVC-II in accordance with law, within a
period of three months, after its constitution.
25. No further orders are called for in this matter.
26. The petition is disposed of in the above terms. The pending applications
are also disposed of.
PRATHIBA M. SINGH
JUDGE
VIKAS MAHAJAN
JUDGE
SEPTEMBER 3, 2026/ aj/sm
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:07.09.2026
17:55:11
W.P.(C) 12697/2024 Page 11 of 11