A provisional food vendor must be allotted an alternative safe site instead of vending on a covered drain.

The Petitioner held a provisional Certificate of Vending (CoV), URI No. 2643292, under the category “Food/Snack with gas cylinder/fire,” with the place of vending recorded as Central Zone, Ward-S-82.

He sought permission to vend at an open space opposite Gali No. 18, Jagdamba Road, Tughlakabad Extension, New Delhi. He alleged that the Respondents had disturbed his vending activities and that, following a fire in the area, his vend had been removed. He had submitted a representation dated 7 September 2026.

The MCD contended that he was vending on a drain covered by slabs, using a large gas cylinder placed on the drain, and that the arrangement was unsafe.

The Court examined photographs showing the nature and location of the vend and found that vending on the covered drain was unsafe for the Petitioner and members of the public.

1. Whether the Petitioner should be permitted to continue vending at the requested vending site despite the safety concerns arising from vending on a covered drain.

2. Whether the Respondents should identify an alternative vending space enabling the Petitioner to operate his vend subject to appropriate safety, hygiene, and regulatory conditions.

3. Whether the directions permitting vending should remain subject to the vending plan that may be formulated by the Town Vending Committee under Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

The Court applied the regulatory framework governing street vending under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, particularly Section 21 concerning the vending plan to be formulated by the Town Vending Committee.

It also applied the terms and conditions of the Petitioner’s provisional CoV, while permitting a limited relaxation of Condition No. 11.

The Court relied on the analogous directions issued in Rajendra Singh v. Commissioner of Police & Ors., W.P.(C) 15082/2025, order dated 2 February 2026; Mohd. Badruddin v. Municipal Corporation of Delhi & Ors., W.P.(C) 19391/2025, order dated 8 January 2026; and Rihana v. MCD & Ors., W.P.(C) 1609/2026, order dated 5 February 2026, concerning vendors operating under the category “Food/Snack with gas cylinder/fire”.

The governing principle was that vending could be permitted only at a safe and specified location, without obstruction, unsafe use of cooking equipment, permanent construction, or creation of third-party rights.

The Court accepted the MCD’s safety objection because the photographs demonstrated that the Petitioner’s vend was situated on a covered drain and that the gas cylinder occupied the drain area, creating risks for both the vendor and customers.

However, the Petitioner possessed a provisional CoV specifically authorising vending in the “Food/Snack with gas cylinder/fire” category. Applying the approach adopted in the cited analogous cases, the Court balanced the Petitioner’s entitlement to operate under the provisional CoV with the need to regulate the location and manner of vending.

It therefore declined to permit vending at the unsafe location but directed the Assistant Commissioner to identify an alternative space, subject to the use of a cart, a small gas cylinder, compliance with the CoV, maintenance of hygiene, and prevention of obstruction or traffic congestion.

The Petitioner was required to vend from a cart and not directly from the floor; use only a small gas cylinder; comply with the provisional CoV; occupy only a designated space without obstructing pedestrians or vehicular traffic; maintain cleanliness and hygiene and keep a dustbin near the vend; refrain from creating third-party interests, subletting, or handing over possession; and undertake no permanent or temporary construction.

Condition No. 11 of the CoV was made inapplicable subject to these directions, while all other CoV conditions remained operative.

The Petitioner was directed to appear before the concerned Assistant Commissioner on 17 September 2026 at 11:30 a.m. for identification of the alternative space.

The directions were expressly made subject to any vending plan formulated by Town Vending Committee-II under Section 21 of the 2014 Act, and no vested rights were created.