Chander Kesh vs Delhi Cantonment Board And Anr.
- Court
- Delhi High Court
$~44 to 52, 58 & 62 to 64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
nd
Date of decision: 22 May, 2026
th
Uploaded on: 25 May, 2026
+ W.P.(C) 7270/2026
DINESH .....Petitioner
versus
DELHI CANTONMENT BOARD AND ANR. .....Respondents
$~45
+ W.P.(C) 7273/2026
NARENDER YADAV .....Petitioner
versus
DELHI CANTONMENT BOARD AND ANR. .....Respondents
$~46
+ W.P.(C) 7276/2026
KULDEEP KUMAR .....Petitioner
versus
DELHI CANTONMENT BOARD AND ANR. .....Respondents
$~47
+ W.P.(C) 7277/2026
SONU .....Petitioner
versus
DELHI CANTONMENT BOARD AND ANR. .....Respondents
$~48
+ W.P.(C) 7278/2026
VIJENDER .....Petitioner
versus
DELHI CANTONMENT BOARD AND ANR. .....Respondents
$~49
+ W.P.(C) 7279/2026
Signature Not Verified
W.P.(C) 7270/2026 & connected matters Page 1 of 9
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:25.05.2026
19:04:03
RAMAUTAR .....Petitioner
versus
DELHI CANTONMENT BOARD AND ANR. .....Respondents
$~50
+ W.P.(C) 7280/2026
RAMVRESH .....Petitioner
versus
DELHI CANTONMENT BOARD AND ANR. .....Respondents
$~51
+ W.P.(C) 7281/2026
PAPPU .....Petitioner
versus
DELHI CANTONMENT BOARD AND ANR. .....Respondents
$~52
+ W.P.(C) 7282/2026
AVNISH KUMAR .....Petitioner
versus
DELHI CANTONMENT BOARD AND ANR. .....Respondents
$~58
+ W.P.(C) 7291/2026
BAKIL UDDIN AND ORS. .....Petitioners
versus
DELHI CANTONMENT BOARD AND ANR. .....Respondents
$~62
+ W.P.(C) 7327/2026
ANITA DEVI .....Petitioner
versus
DELHI CANTONMENT BOARD AND ANR. .....Respondents
$~63
Signature Not Verified
W.P.(C) 7270/2026 & connected matters Page 2 of 9
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:25.05.2026
19:04:03
+ W.P.(C) 7329/2026
CHANDER KESH .....Petitioner
versus
DELHI CANTONMENT BOARD AND ANR. .....Respondents
$~64
+ W.P.(C) 7330/2026
JITENDRA .....Petitioner
versus
DELHI CANTONMENT BOARD AND ANR. .....Respondents
Appearances for the petitioners
Mr. Sanjay Baniwal, Adv.
Appearances for the Respondents.
Mr. Kartik Khokhar, SPC with Mr. Ashish Sharma, Adv.
Mr. Ankur Yadav, SPC with Ms. Anupriya Yadav, Adv. for R-2.
Mr. Tarveen Singh Nanda, Mr. Gaurav Aggarwal, Mr. Ankur Mishra & Mr.
Gurpreet Singh, Advs. for Delhi Cantonment Board.
Ms. Shilpa Dewan, SPC for R-2/UOI.
Ms. Sarita Aggarwal, SPC for R-2/UOI.
Mr. Manoj Kumar Tyagi, SPC for R-2/Delhi Police.
Mr Mahendra Vikram Singh , SPC with Mr Avnish Singh, Adv. for R-2.
Dr. Abhishek Khanna, Senior Panel counsel for Respondent No.2
Ms. Sarita Aggarwal, SPC with Mr. Rahul Bhaskar, GP for R-1 & 2.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. These petitions have been filed by vendors whose applications for
vending licenses have been rejected by the Town Vending Committee
(hereinafter, ‘TVC’ ) of the Delhi Cantonment Board.
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Digitally Signed
By:DEVANSHU JOSHI
Signing Date:25.05.2026
19:04:03
3. In a long process of finalising the list of authorised vendors, the Delhi
Cantonment Board had taken a policy decision in its Resolution No. 3 dated
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dated 27 January, 2026 and it was decided as under:
“The TVC after lengthy deliberation resolved that vendors
who are able to produce at least 03 challans, issued by Delhi
Cantonment Board, before the date of commencement of
survey i.e. 27.10.2023 shall be considered to be included in
the list of street vendors subject to the holding capacity
finalized by the TVC. The TVC further directed the Revenue
Superintendent to examine the representations of the
vendors, as brought out on the agenda site, in the light of the
criteria fixed today by this TVC and to submit a report in the
next meeting of TVC for consideration and decision.”
4. Perusal of the above decision taken by the Delhi Cantonment Board
which show that the TVC had deliberated the matter at length and decided
that only vendors who were able to produce at least three challans issued by
the Delhi Cantonment Board prior to the date of commencement of survey
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dated 27 October, 2023 would be entitled to be included in the list of the
street vendors. The above list would also be subject to the holding capacity
which the TVC wants to finalise.
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5. These Minutes of the meeting held on 15 January, 2026 have been
considered by this Court in a number of petitions and the Delhi Cantonment
Board was directed to take a decision on the basis of the said Minutes, in
respect of various vendors who had approached this Court.
6. In W.P.(C) 17785/2025 titled ‘Gyan Chand v. Delhi Cantonment
Board & Ors.’ , vide order dated 2nd April, 2026, this Court directed as under:
“7. Heard. This Court has considered similar matters,
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Digitally Signed
By:DEVANSHU JOSHI
Signing Date:25.05.2026
19:04:03
including W.P.(C) 2667/2026 titled Danveer Yadav vs. Delhi
Cantonment Board , W.P.(C) 18926/2025 titled Narender
Yadav v. Delhi Cantonment Board and Ors., and W.P.(C)
18942/2025 titled Anita Devi v. Delhi Cantonment Board
and Ors. .
8. In W.P.(C) 2667/2026 titled Danveer Yadav (supra) ,
vide order dated 25th February, 2026, the Court had held as
under:
“3. The Petitioner claims to be a street vendor in Delhi
Cantonment Board and prays that his case be
considered in terms of the minutes of meeting of the
Town Vending Committee dated 15th January, 2026.
4. The case of the Petitioner is that he has three
challans to show that he has been vending in the said
area. The Petitioner has also made a representation
to the Delhi Cantonment Board that he be issued a
Certificate of Vending (hereinafter, ‘COV’).
5. Mr. Mishra, ld. Counsel for the Petitioner relies
upon the minutes of meeting dated 15th January, 2026
of the Town Vending Committee wherein it was
decided that if any vendor is able to produce three
challans issued by the Delhi Cantonment Board prior
to commencement of survey i.e., 27th October, 2023,
then such cases shall be considered by the Town
Vending Committee.
6. Mr. Nanda, ld. Counsel for Respondent No. 1-Delhi
Cantonment Board also confirms the above decision
taken in the said meeting.
7. The Court has considered the matter, including the
photographs placed on record. The case of the
Petitioner is that he has three challans prior to 27th
October, 2023. The relevant portion of the Minutes of
meeting dated 15th January 2026 read as under:
“The TVC after lengthy deliberation
resolved that vendors who are able to
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Digitally Signed
By:DEVANSHU JOSHI
Signing Date:25.05.2026
19:04:03
produce at least 03 challans. issued by
Delhi Cantonment Board, before the date
of commencement of survey i.e. 27.10.2023
shall be considered to be included in the
list of street vendors subject to the holding
capacity finalized by the TVC. The TVC
further directed the Revenue
Superintendent to examine the
representations of the vendors, as brought
out on the agenda site, in the light of the
criteria fixed today by this TVC and to
submit a report in the next meeting of TVC
for consideration and decision.”
8. Accordingly, in terms of the minutes of meeting
dated 15th January, 2026, let the case of the Petitioner
be examined by the Delhi CantonmentBoard and the
decision be communicated to the Petitioner within a
period of one month from today.
9. The petition is disposed of in these terms. Pending
applications, if any, are also disposed of.”
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9. Further, a perusal of the minutes of meeting dated 15
January, 2026 of the Delhi Cantonment Board would show
that in the said minutes, the resolution which has been
passed, is extracted below:
“Resolution No. 1 & 2:
[…]
(8) The TVC further resolved that the holder of
temporary vending certificate shall not be evicted
from the vending site till the finalisation of vending
zones and issuance of vending certificate. However, if
there is any violation by these vendors then process
should be initiated to cancel the temporary vending
certificate.
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Digitally Signed
By:DEVANSHU JOSHI
Signing Date:25.05.2026
19:04:03
[…]
Resolution No. 3:
[…]
The TVC after lengthy deliberation resolved that
vendors who are able to produce at least 03 challans.
issued by Delhi Cantonment Board, before the date of
commencement of survey i.e. 27.10.2023 shall be
considered to be included in the list of street vendors
subject to the holding capacity finalized by the TVC.
The TVC further directed the Revenue Superintendent
to examine the representations of the vendors, as
brought out on the agenda site, in the light of the
criteria fixed today by this TVC and to submit a report
in the next meeting of TVC for consideration and
decision.”
10. It is clear from the above, vendors who are able to
produce at least three challans issued by the Delhi
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Cantonment Board prior to 27 October, 2023 shall be
considered for inclusion in the list of street vendors. In
addition, the representations of the concerned vendors are to
be examined on the basis of the said requirement.
11. In the present case, there are some challans which have
been filed by the Petitioner that are prior to 2023 i.e.,
st th
21 September, 2015, and 18 June, 2019. The case of the
Petitioner is that he has not been allowed to vend at the
concerned site. The Cantonment Board has already taken a
decision vide Minutes of Meeting dated 15th January 2026
to the effect that those persons who have challans prior to
27th October 2023 shall not be disturbed and that their cases
shall be verified and a decision shall be taken.
th
12. Considering the order dated 25 February, 2026 passed
in similar matters including Danveer Yadav (supra), let the
case of the Petitioner be also examined by the TVC/Delhi
Cantonment Board and the decision be communicated within
a period of one month.”
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Digitally Signed
By:DEVANSHU JOSHI
Signing Date:25.05.2026
19:04:03
7. Pursuant to various orders passed by this Court, the TVC has
undertaken a detailed exercise by which the challans of the vendors have been
scrutinised and after scrutiny, the vendors who were able to produce three
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challans prior to 27 October, 2023 have been included in the list of vendors.
Those vendors who could not produce challans prior to 2023 or furnished
insufficient number of challans have been rejected.
8. The submission on behalf of the Petitioners by Mr. Sanjay Baniwal, ld.
Counsel is that some vendors have one or two challans and even after 2023
they are vending continuously. However, their candidature has been rejected.
9. Mr. Nanda appearing for the Cantonment Board however submits that
the TVC has undertaken a fair scrutiny of the challans and based on the policy
decision, some of the vendors’ names have been rejected and the list of
authorised vendors has been drawn up.
10. The question as to what should be the criteria for drawing up the final
list of vendors would be a policy decision to be taken by the Delhi Cantonment
Board based on the space available, the capacity, as also the number of
vendors who are to be accommodated in a manner that pedestrians and
vehicular traffic movement is not disrupted.
11. The said policy decision was taken as set out in the Minutes of the
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meeting held on 15 January, 2026 and has been repeatedly reiterated by this
Court in several orders.
12. After the scrutiny of challans, the final minutes of the meeting dated
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24 April, 2026 which has been handed over to the Court would also show
that the consideration has been properly done and no fault can be found with
the same. Those persons who had the requisite documents have been added in
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Digitally Signed
By:DEVANSHU JOSHI
Signing Date:25.05.2026
19:04:03
the list of vendors and those who did not, their candidature has been rejected.
13. Under these circumstances, this Court is of the opinion that the prayers
being sought by present Petitioners who were unable to produce three challans
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prior to 27 October, 2023 cannot be accepted and hence, the rejection orders
cannot also be faulted.
14. At this stage, ld. Counsel for the Petitioner submits that the mere fact
that some of the Petitioners had two challans or one challan would in effect
show that they were vending prior to 2023.
15. In the opinion of this Court, such Petitioners who were unable to
produce three challans, in view of the policy decision, cannot be considered
for being listed as authorised vendors. However, after the TVC finalises the
vending plan and if there is any excess capacity available, these Petitioners
who have lesser number of challans can be considered as part of the next
survey.
16. Needless to add, the Delhi Cantonment Board is free to take action
against any unauthorised vendors in accordance with law.
17. The present petitions are disposed of in these terms. Pending
applications, if any, are also disposed of.
PRATHIBA M. SINGH
JUDGE
MADHU JAIN
JUDGE
MAY 22, 2026
ab/ck
Signature Not Verified
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Digitally Signed
By:DEVANSHU JOSHI
Signing Date:25.05.2026
19:04:03