Delhi High CourtAdministrative and Public LawConstitutional Law

Delhi HC Gives MCD A Week To Identify Vending Area For Kamla Nagar Vendor, Bars Him From Vending In No-Vending Zones

Satender Sahv.Municipal Corporation Of Delhi And Ors.

Delhi HC Gives MCD A Week To Identify Vending Area For Kamla Nagar Vendor, Bars Him From Vending In No-Vending Zones. Satender Sah vs Municipal Corporation Of Delhi And Ors.. Delhi High Court. LawLens
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In brief

The question

Whether the petitioner could vend in the “Food, snack with gas cylinder” category despite his CoV specifying a different category.

The court held

The Court disposed of the petition without granting further relief.

It also directed

It directed the concerned MCD Assistant Commissioner to identify and communicate an area for the petitioner’s vending within one week, subject to the stated restrictions and any plan under Section 21 of the 2014 Act.

The Town Vending Committee-II was to consider and decide the petitioner’s representation seeking a category change within three months of its constitution.

01Facts

The petitioner, a street vendor, held a provisional Certificate of Vending (CoV) authorising vending in the category of “Fresh fruits/vegetables/Perishables.”

¶ 2–6

He sought permission to vend at that site and had made a representation to the MCD on 21 October 2026 seeking a change of category and recognition as a stationary vendor.

¶ 2–6

02Issues

i.Whether the petitioner could vend in the “Food, snack with gas cylinder” category despite his CoV specifying a different category.

¶ 7

ii.Whether, notwithstanding Kamla Nagar’s status as a No-Vending and Non-Squatting Zone, the petitioner could be permitted to vend from an area identified by the MCD.

¶ 9–11

iii.Whether the petitioner’s request to change his vending category should be considered by the Town Vending Committee-II.

¶ 12

03Law Applied

Article 226 of the Constitution provides the basis for the Court’s writ jurisdiction.

¶ 2

Under the conditions of the petitioner’s CoV, a vendor must comply with the authorised vending period and zone, maintain hygiene, avoid obstruction to pedestrians and vehicular movement, refrain from unauthorised activity or construction, and comply with the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019; violations may lead to suspension or cancellation of the CoV.

¶ 7

The Court also referred to Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, under which the Town Vending Committee may formulate a plan; its directions were made subject to any such plan.

¶ 11

The Court applied its earlier directions in Anil Kumar v. Municipal Corporation of Delhi & Ors., W.P.(C) 7593/2026, concerning vending in the Kamla Nagar area.

¶ 9–10

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 CoV did not authorise the petitioner to vend snacks using a gas cylinder, so he remained bound by its specified category and conditions; the MCD could take action in accordance with law for non-compliance.

¶ 7–8

However, taking account of the earlier Anil Kumar order and Kamla Nagar’s No-Vending and Non-Squatting status, the Court directed the MCD to identify an area for the petitioner rather than permit vending at his claimed site without restriction.

¶ 9–10

The Court required the petitioner to remain within the identified area, avoid pedestrian obstruction and encroachment, maintain cleanliness and hygiene, and erect no structure.

¶ 10–11

These directions were made subject to any plan framed by the Town Vending Committee-II, without creating vested rights.

¶ 10–11

05Holding

The Court disposed of the petition without granting further relief.

¶ 10–13

It directed the concerned MCD Assistant Commissioner to identify and communicate an area for the petitioner’s vending within one week, subject to the stated restrictions and any plan under Section 21 of the 2014 Act.

¶ 10–13

The Town Vending Committee-II was to consider and decide the petitioner’s representation seeking a category change within three months of its constitution.

¶ 12
Delhi High Court

Original Court PDF

Satender SahvsMunicipal Corporation Of Delhi And Ors.

Delhi High Court · November 06, 2026

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