01Facts
The Petitioner held a Certificate of Vending (CoV) for a “Belt Shop” at Mohan Singh Place, Connaught Place. He sought to change his trade to selling readymade garments, stating that he had been vending garments and clothes to support his family.
p. 2He 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 only intimation to NDMC, not permission.
pp. 4–5The Petitioner stated that he had notified NDMC of the change on 12 October 2026, but officials continued to disturb his vending.
p. 5NDMC submitted that the change could be considered by TVC-II once constituted.
p. 5The Petitioner filed this petition under Article 226 seeking recognition of the change of trade.
p. 102Issues
i.1. Whether the Petitioner could change his vending trade from belts to readymade garments under clause 4(iii) of the NDMC circular without prior permission.
pp. 4–5, 7ii.2. Whether the Petitioner could be protected from disturbance while the change-of-category request awaited consideration by TVC-II.
pp. 5–703Law Applied
Clause 4(iii) of NDMC’s circular dated 16 August 2016 provides that changes between specified non-licence trades not included in the negative list require no permission, and intimation to the Director, Estate, NDMC is sufficient.
pp. 4–5The 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 to remain subject to any such plan.
p. 7The Court required compliance with the applicable vending conditions, including maintaining a vending space of 6′ × 4′, operating only one vend, and observing the stated conditions governing vending.
pp. 5–7Provisions 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 recognised that the requested change in the CoV was to be considered by TVC-II, which had not yet been constituted.
p. 5Pending that consideration, it directed that the Petitioner should not be disturbed so long as he sold items falling outside the negative list and complied with the vending conditions.
p. 5The Court limited this interim protection by requiring one vend only and a vending space of 6′ × 4′, and made it subject to any plan adopted by TVC-II under Section 21.
p. 5, 705Holding
The Court disposed of the petition, directing that the Petitioner not be disturbed while vending non-negative-list items, subject to compliance with the stated conditions.
p. 7TVC-II is to consider the requested change in the CoV after it is constituted.
p. 7The directions are subject to any plan made by TVC-II under Section 21, and the Petitioner may claim no vested rights.
p. 7Original Court PDF
Virendr PrasadvsNew Delhi Municipal Council & Ors.
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