Certified Mobile Vendors cannot be disturbed provided they operate outside No-Vending Zones and comply with certificate conditions.

The Petitioner, a street vendor, holds a valid Certificate of Vending (CoV) under the ‘Others’ category for West Zone, Ward-S-5.

He operates a mobile vend using a tri-cycle at J-9/36, Rajouri Garden.

The Petitioner alleged that despite possessing a valid CoV, officials from the Delhi Police and Municipal Corporation of Delhi (MCD) repeatedly obstructed his peaceful vending.

The MCD contended that the Petitioner must remain a mobile vendor and may be encroaching upon a designated 'No-Vending Zone'.

1. Whether the Petitioner, as a holder of a valid Certificate of Vending, is entitled to protection against harassment and obstruction by authorities while vending in a mobile capacity.

The court primarily applied the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and the constitutional protections under Article 226 regarding the right to carry on trade.

Specifically, the court relied on the legal sanctity of the Certificate of Vending (CoV) as the primary authorization for a vendor to operate within a designated zone, subject to the conditions of mobility and adherence to non-vending zones.

The Court examined photographic evidence of the Petitioner’s vend and confirmed that he operates as a mobile vendor using a tri-cycle.

The Bench reasoned that since the Petitioner possesses a valid CoV (URI No. 5068994), his right to vend must be protected so long as he complies with the terms of the certificate.

Addressing the MCD's concern regarding No-Vending Zones, the Court determined that the burden of clarity lies with the administration; the Assistant Commissioner of the MCD was directed to specifically inform the Petitioner of the boundaries of any No-Vending Zones in the area.

The Court concluded that once these boundaries are identified and the Petitioner complies with them, the authorities have no legal basis to disturb his operations.

The Court directed the Assistant Commissioner, MCD, to inform the Petitioner about the specific areas designated as No-Vending Zones. Upon such notification, the Petitioner is prohibited from vending in those zones but is otherwise permitted to vend peacefully in accordance with his CoV.