A provisional vending certificate does not authorize obstructing school-adjacent footpaths; authorities must provide an alternate vending zone.

The Petitioner claimed to be a street vendor operating for several years from a footpath near the DDA Sabzi Mandi and MCD Primary School, Dabri Mod, Najafgarh Zone, Ward-S-30, New Delhi.

He possessed a provisional Certificate of Vending (CoV), URI No. 3386676, under the category “Food snack with gas cylinder/fire” for Najafgarh Zone, Ward-S-30.

On 4 August 2026, the MCD seized his goods and imposed a penalty of ₹3,500.

The MCD opposed the petition, relying on photographs showing a large market, temporary structures, litter and encroachments on both sides of the school footpath.

The Petitioner sought permission to continue vending from the site and refund of the ₹3,500 recovered for release of his seized goods.

Whether the Petitioner, despite holding a provisional CoV, could claim a right to vend from the disputed footpath situated outside and near an MCD school, where the Court found substantial encroachment, litter and obstruction.

Whether the MCD’s removal action and imposition of a ₹3,500 penalty were sustainable in view of the Petitioner’s provisional CoV and the MCD circular dated 10 February 2025.

Whether the Petitioner was entitled to an alternative vending space within a recognised vending zone in order to protect his livelihood.

The Court exercised its jurisdiction under Article 226 of the Constitution and applied the regulatory framework governing street vending, including the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, particularly the requirement that vending be regulated through vending zones and the plan contemplated under Section 21.

The Court applied the conditions contained in the Petitioner’s provisional CoV, including the prohibitions against obstructing pedestrians or vehicular movement, blocking footpaths, creating permanent or temporary structures, and violating public-health and hygiene requirements.

It also relied on the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019, which the CoV required the vendor to follow.

For vendors using gas cylinders and fire, the Court followed the conditions imposed 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.

The MCD’s circular dated 10 February 2025 was relied upon by the Petitioner in relation to the quantum of penalty, but the judgment does not expressly decide the circular’s applicability or order a refund.

The Court distinguished between the Petitioner’s provisional CoV, which recognised vending in Najafgarh Zone, Ward-S-30, and any asserted right to occupy the specific footpath outside the school.

The photographs demonstrated that numerous vendors had converted the footpath into a market, erected temporary structures, caused litter and created pedestrian, traffic and safety hazards, particularly for children entering and leaving the school.

Since the CoV itself prohibited obstruction of pedestrians, blocking of footpaths, and unauthorised structures, the Court held that the authorities were justified in removing vendors from the disputed location.

At the same time, recognising that the CoV protected the Petitioner’s livelihood within the relevant zone, the Court directed the MCD to identify an alternative vending space in a vending zone.

The Court further imposed safeguards suited to a food vendor using gas and fire, including use of only a small gas cylinder, maintenance of cleanliness, provision of a dustbin, and strict avoidance of pedestrian or vehicular obstruction.

The MCD was directed to identify an alternative vending space for the Petitioner within a vending zone within two weeks.

The Petitioner was permitted to continue vending subject to the provisional CoV, the specified conditions concerning hygiene, non-obstruction, a small gas cylinder, and the prohibition against sub-letting or constructing any permanent or temporary structure.

These directions were made subject to any vending plan framed by Town Vending Committee-II under Section 21 of the 2014 Act, without creating vested rights.

The Court also directed the MCD to clean and properly lay the footpath, undertake beautification of the school wall, and file a compliance/status report by 14 December 2026.

The petition and pending applications were disposed of; no separate refund of the ₹3,500 penalty was directed.