01Facts
The petitioner, a street vendor holding a provisional Certificate of Vending (CoV) for West Zone, Ward S-15, sought permission to vend at a site in Janakpuri. MCD officials seized goods from his vending cart on 2 July 2026.
p. 2 · ¶ 4–8In an earlier order disposing of the petition, the Court declined to interfere with removal of the cart or imposition of the fine, but permitted vending in accordance with the provisional CoV.
p. 2 · ¶ 4–8The petitioner later applied for release of the seized goods. MCD submitted that the goods would be returned upon payment of the applicable fine and that its action was taken under Section 322 of the Delhi Municipal Corporation Act, 1957, as the petitioner had not yet received a final CoV.
p. 3 · ¶ 10, 1302Issues
i.1. Whether the petitioner’s seized goods should be released, and on what terms
p. 3 · ¶ 7, 10–11ii.2. Whether MCD was required to issue a seizure memo when seizing the petitioner’s goods
pp. 3–4 · ¶ 12–1403Law Applied
Section 322 of the Delhi Municipal Corporation Act, 1957 was cited by MCD as the basis for its action concerning the petitioner’s vending activity pending issuance of a final CoV.
p. 3 · ¶ 13The Court also relied on its directions in Rehri Patri Ekta Manch v. Govt. of NCT of Delhi & Ors., W.P.(C) 10490/2026, dated 10 September 2026: MCD and NDMC may issue seizure memos within 24 hours of seizure, and each memo must specify the seizure date, goods seized, shelf numbers if any, applicable penalty or fine, and the concerned officer’s name, signature, and designation.
pp. 3–4 · ¶ 14Provisions in the judgment · 1 · Linked ones open on LawLens
Delhi Municipal Corporation Act, 1957 Section 322
04Reasoning
The Court had already declined to set aside the cart’s removal or the fine, so it did not revisit those matters. It directed release of the seized goods upon payment of the applicable penalty, consistent with MCD’s submission that the goods would be returned upon payment.
pp. 2–3 · ¶ 8–11As no seizure memo had been placed before the Court, it reiterated that seizure memos must be issued and applied the procedure set out in Rehri Patri Ekta Manch.
pp. 3–4 · ¶ 12–1505Holding
The Court directed MCD to release all goods seized from the petitioner immediately upon payment of the applicable penalty.
p. 4 · ¶ 15It reiterated that seizure memos must be issued in accordance with the directions in Rehri Patri Ekta Manch. The application was disposed of, and the next hearing date was cancelled.
pp. 3–4 · ¶ 12–14 · p. 4 · ¶ 16Original Court PDF
Mahipal SinghvsMunicipal Corporation Of Delhi And Ors
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