A street vendor cannot claim gas-cylinder use or stationary vending beyond the existing certificate’s terms.

The Petitioner was a street vendor holding a provisional Certificate of Vending (“CoV”) bearing No. URI 011042 under the category “Food/Snacks Preparation (Goods).”

His authorised vending area was Abul Fazal Enclave, and he was stated to be vending from the open space opposite Gali No. 18, Jagdamba Road, Tughlakabad Extension, Abul Fazal Enclave, New Delhi.

The Petitioner alleged that the Respondents were not permitting him to vend peacefully at his designated site.

He also sought a change in his vending category to “Food/Snacks with Gas Cylinder”.

The Respondents submitted that the conditions of vending prohibited the vendor from causing obstruction to pedestrian or vehicular movement.

Upon examining the photograph of the vending cart, the Court also noted that the pavement in the area required extensive repair, for which the MCD was responsible.

1. Whether the Petitioner could be permitted to vend with a gas cylinder or claim a change in the category recorded in his CoV from “Food/Snacks Preparation (Goods)” to “Food/Snacks with Gas Cylinder.”

2. Whether the Petitioner was entitled to protection from disturbance at his authorised vending site, subject to compliance with the applicable terms and conditions of vending.

3. Whether directions ought to be issued to the MCD for repair of the pavement at the vending location.

The Court applied the statutory framework governing street vending under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, particularly the role of the Town Vending Committee (“TVC”) and the preparation of vending plans under Section 21.

The Court held that alteration of the vending category was within the domain of the TVC and could not be directed by the Court, particularly when the existing CoV did not include a gas cylinder.

The Petitioner was required to comply strictly with the terms and conditions of the CoV, including avoiding obstruction to pedestrian and vehicular movement, maintaining hygiene and public health, not blocking footpaths or vending on roads, refraining from constructing permanent or temporary structures, and complying with the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019.

The Court further recognised that protection from disturbance was conditional upon compliance with these requirements and subject to any vending plan subsequently framed by TVC-II under Section 21, with no vested rights being created.

The Court declined to permit vending with a gas cylinder because the Petitioner’s CoV authorised only “Food/Snacks Preparation (Goods)” and did not include a gas cylinder.

Since a change in the category fell within the jurisdiction of TVC-II, which was in the process of being constituted, the Court held that it could not itself amend the CoV or authorise stationary vending on that basis.

However, the Court protected the Petitioner from being disturbed at his vending site, provided that he strictly complied with the CoV conditions, maintained cleanliness, and did not obstruct pedestrian or vehicular movement.

This protection was expressly made subject to any future plan prepared by TVC-II under Section 21 of the 2014 Act and did not create any vested right in favour of the Petitioner.

The Court independently found, from the photograph of the cart and surrounding area, that the pavement required repair and consequently directed the MCD to undertake the necessary repairs and file a compliance report.

It directed that, subject to strict compliance with the terms and conditions of vending and maintenance of cleanliness, the Petitioner shall not be disturbed at the authorised vending site.

The protection was made subject to any plan framed by TVC-II under Section 21 of the 2014 Act, without creation of vested rights.

The MCD was directed to repair the entire pavement in the area and place a compliance report on record by the next date of hearing.

The petition and pending applications were disposed of, with the matter listed for compliance on 7 December 2026.