Delhi HC: Fruit-Certificate Vendor Selling Garments Can’t Be Disturbed Pending TVC-II Decision, After Intimation, If Goods Aren’t on Negative List and Rules Are Followed

The petitioner held a Certificate of Vending (CoV) for selling fresh fruit at Mohan Singh Place, Connaught Place, but sought to vend readymade garments instead, stating that fruit vending did not provide sufficient income.

He relied on Clause 4(iii) of NDMC’s Circular dated 16 August 2016, which provides that specified changes between non-licence trades not on the negative list require intimation to NDMC rather than permission.

The petitioner stated that he had notified NDMC of the change through representations dated 15 June and 9 October 2026, but that officials continued to disturb his vending.

NDMC submitted that the change in trade activity could be considered by TVC-II after it was constituted.

Clause 4(iii) of NDMC’s Circular dated 16 August 2016 provides that permission is not required for specified changes between trades that are not on the negative list, and that intimation to NDMC is sufficient.

The Court treated the decision on a change of category in a CoV as a matter for TVC-II.

It also made the interim directions subject to any plan framed by the Town Vending Committee under Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and to the applicable vending terms and conditions and the Delhi Street Vendors Scheme, 2019.

No precedent was cited.

The Court distinguished between the petitioner’s request for a formal change to his CoV category, which TVC-II was to consider, and his ability to vend in the interim.

Applying Clause 4(iii), it held that, so long as the petitioner was vending items not on the negative list and had given the requisite intimation, he could not be disturbed while awaiting TVC-II’s decision.

That interim protection was conditional on compliance with the applicable vending requirements, including maintaining the vending space at 6′ × 4′ and observing the stated terms and conditions.

TVC-II was to consider the requested CoV category change after its constitution.

The directions were subject to any plan framed by the Town Vending Committee under Section 21 of the 2014 Act, and the petitioner could claim no vested right.