Pushpa & Anr. vs Municipal Corporation Of Delhi & Anr.

$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
nd
Date of Decision: 2 November, 2026
th
Uploaded on: 4 November, 2026

# CNR No. DLHC010484342026
+ W.P.(C) 14861/2026
PUSHPA & ANR. .....Petitioners
Through: Mr. S. Sasi Bhusan & Ms. K. Sandhya
Rani, Advs.

versus

MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents
Through: Ms. Puja S Kalra, Standing Counsel
with Mr. Virendra Singh, Adv. for
MCD. (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 Petitioners under Article 226
of the Constitution of India, inter alia , seeking directions to the Respondents
to allow the Petitioners to peacefully vend from the designated site.
3. The case of the Petitioners is that they have certificates of vending
(hereinafter ‘ CoV’ ), details of which are set out below:


Signature Not Verified
Signed By:RAHUL
Signing
Date:04.11.2026
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W.P.(C) 14861/2026 Page 1 of 5

Sr.
No.
Name Vending No. Category Zone
1. Pushpa URI: 8185826 Food/Snack with
Central Zone,
Ward-S 60
2.
gas cylinder/fire
Shajahan URI: 3654640 Food/Snack with
Central Zone,
Ward-S 60
gas cylinder/fire


4. The grievance of the Petitioners is that the police authorities and
Municipal Corporation of Delhi (hereinafter ‘ MCD ’) are not permitting them
to vend peacefully.
5. At present, no photographs of the Petitioners’ vends have been filed.
6. The Petitioner’s counsel submits that, the Petitioners are not vending
anywhere, hence no photographs have been placed on record.
7. Under these circumstances, let the Petitioners appear before the
th
Assistant Commissioner, Central Zone, Ward S-60 on 27 November, 2026
at 2:30 p.m .
8. Considering that the Petitioners have CoVs in the category of food,
snack with gas cylinder fire , the Assistant Commissioner shall identify the
site at which the Petitioners can vend. Upon identification of the site, the
Petitioners can peacefully vend at the identified size subject to the terms and
conditions of their CoVs, which are set below:
“1. The vendor must not have been issued any other
permanent or long-term Certificate of Vending.
2. The Certificate of Vending shall be non-transferable.
3. The vendor must comply with the vending period and
zone prescribed by the TVC (Town Vending Committee)
and the local authority.
4. The vendor shall not rent out or sublet the Certificate
of Vending in any manner whatsoever.
5. The vendor must not be suffering from any
Signature Not Verified
Signed By:RAHUL
Signing
Date:04.11.2026
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W.P.(C) 14861/2026 Page 2 of 5

communicable disease at present.
6. The vendor shall maintain cleanliness at the vending
site/zone and the surrounding area and shall ensure that
public health is duly taken care of.
7. The vendor shall prominently display a copy of the
Certificate of Vending at the vending site and whenever
required, shall produce the original document before
the TVC/relevant Inspector.
8. The street vendor shall make all reasonable efforts to
ensure that pedestrians and vehicular traffic are not
obstructed in any manner.
9. The vendor shall not sell any harmful, hazardous or
polluted/contaminated items. It shall also be ensured
that the quality of products sold and services provided
to the public conforms to the prescribed public-health,
hygiene and safety standards.
10. The street vendor shall not carry out any
unauthorized/illegal activity.
11. A mobile vendor shall not remain at any place in a
hawking/vending zone for more than 30 minutes or
beyond the time prescribed by the TVC, nor shall any
vending activity be carried out thereafter. The vendor
shall not remain in any non-vending zone or carry out
any vending activity there.
12. The vendor shall not block the footpath and shall not
carry out vending activities on the roads. Care shall be
taken to keep the pedestrian passage on the footpath in
front of vending counters/stails clear.
13. On the basis of violations, the Certificate of Vending
may be cancelled or suspended.
14. The vendor shall not erect/construct any permanent
or {temporary structure at the vending site.
15. The vendor shall adopt health and hygienic
conditions in accordance with local laws and the orders
of the courts.
16. The vendor shall comply with all the conditions
mentioned in the Delhi Street Vendors Livelihood
Protection and Street Vending Regulation Scheme,
Signature Not Verified
Signed By:RAHUL
Signing
Date:04.11.2026
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W.P.(C) 14861/2026 Page 3 of 5

2019, prescribed by the Government of Delhi.”

9. Considering the category of the Petitioners’ CoVs, the Petitioners shall
also be bound by the following terms and conditions:
(i) The Petitioners shall abide by the terms and conditions of the
provisional CoVs;
(ii) The Petitioner shall be permitted to operate their 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;
(iii) The Petitioner 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;
(iv) The Petitioner 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;
(v) Subject to the above, Condition No.11 in the CoV shall not apply
to the Petitioners. The Petitioner shall comply with all the other
conditions in the CoV;
(vi) 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;
(vii) No permanent or temporary construction shall also be erected by
the Petitioners.
10. Upon the site being identified, the Petitioners shall be permitted to
Signature Not Verified
Signed By:RAHUL
Signing
Date:04.11.2026
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W.P.(C) 14861/2026 Page 4 of 5

peacefully vend, subject to compliance of the above conditions.
11. The present order shall be subject to the decision of the TVC-II after
being constituted.
12. Further, the above stated directions shall be subject to any vending 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.
13. The petition is disposed of in these terms. Pending applications, if any,
are also disposed of.

PRATHIBA M. SINGH
JUDGE


DINESH BHATT
JUDGE
NOVEMBER 2, 2026
dj/as
Signature Not Verified
Signed By:RAHUL
Signing
Date:04.11.2026
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W.P.(C) 14861/2026 Page 5 of 5