Delhi HC Denies Eros Cinema Vendors’ Plea To Vend From Structures Barred By Their Interim Vending Certificates

In brief

The question

Whether the petitioners could obtain a direction permitting vending at the site despite the permanent vends and temporary constructions being inconsistent with their CoV conditions.

The court held

The Court declined to grant the requested relief and directed the petitioners to comply with their CoV conditions.

It also directed

The disposition remains subject to any plan formulated by TVC–II under Section 21, and to TVC–II’s decision on the petitioners’ representation dated 18 July 2025 and their final CoVs; the petitioners may claim no vested rights.

The petition and pending applications were disposed of.

01Facts

The petitioners, street vendors holding interim Certificates of Vending (CoVs), sought a direction permitting them to vend near Eros Cinema, Jangpura Extension, at their designated site.

pp. 1–2

The MCD’s status report recorded that the petitioners had permanent vends and had made temporary constructions at the site.

p. 2

The petitioners’ representation dated 18 July 2025 and their entitlement to final CoVs were also relevant to the disposition.

p. 5

02Issues

i.Whether the petitioners could obtain a direction permitting vending at the site despite the permanent vends and temporary constructions being inconsistent with their CoV conditions.

pp. 2–4

ii.Whether any relief should be subject to the Town Vending Committee–II’s vending plan and its decisions on the petitioners’ representation and final CoVs.

p. 5

03Law Applied

The Court referred to Article 226 of the Constitution as the basis of the petition and to Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, under which the Town Vending Committee–II may formulate a plan.

p. 2 · p. 5

It applied the petitioners’ CoV conditions, including the requirements to comply with the vending period and zone determined by the relevant authority, avoid obstructing pedestrian and vehicular movement, refrain from blocking footpaths or vending on roads, and not construct permanent or temporary structures at the vending site.

pp. 3–4

The Court also referred to the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019, which vendors must follow under the CoV conditions.

p. 4

Provisions in the judgment · 1 · Linked ones open on LawLens

Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 Section 21

04Reasoning

The Court found that the petitioners’ existing vending arrangements, including their permanent vends and temporary constructions, were contrary to the conditions governing their interim CoVs.

pp. 2–4

Because those conditions prohibit such structures and require compliance with the applicable vending arrangements, the Court declined to direct that the petitioners be allowed to vend in the manner sought.

pp. 3–5

It left the position subject to any plan formulated by TVC–II under Section 21 and to that committee’s decision on the petitioners’ representation and final CoVs.

p. 5