Exemption from mobile vending time limits for street vendors using gas cylinders for food preparation.

In brief

The question

1. Whether the Petitioner, as a vendor of food/snacks requiring fire/gas, is entitled to an exemption from the mobility requirements (Condition No. 11) of the CoV.

The court held

The Court held that Condition No. 11 of the CoV (the 30-minute mobility rule) shall not apply to the Petitioner.

It also directed

The Court disposed of the petition by directing the MCD to identify a vending space for the Petitioner, who must then restrict his operations to that spot; these directions are provisional and subject to future plans framed by the Town Vending Committee-II under Section 21 of the Street Vendors Act.

01Facts

The Petitioner, a street vendor holding a Certificate of Vending (CoV) under the category "Food/Snacks with gas cylinder/fire", filed a petition alleging harassment and obstruction by authorities while vending from a mobile cart near Kashmere Gate, New Delhi.

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The Respondent (MCD) contended that the Petitioner was violating CoV terms by using a Tandoor, occupying excessive space, failing to remain mobile, and operating in a non-vending zone.

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The matter was heard via hybrid mode to determine the Petitioner's right to peaceful vending.

pp. 1-2

02Issues

i.1. Whether the Petitioner, as a vendor of food/snacks requiring fire/gas, is entitled to an exemption from the mobility requirements (Condition No. 11) of the CoV.

p. 3

ii.2. Whether the authorities should be directed to identify a specific vending spot for the Petitioner to prevent obstruction and harassment.

p. 3

03Law Applied

Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, which governs the framing of vending plans by the Town Vending Committee (TVC).

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Precedent set in Mohd Badruddin v. Municipal Corporation of Delhi & Ors., W.P.(C) 19391/2025, which established that vendors in the ‘Food/Snack with gas cylinder/fire’ category may be exempted from Condition No. 11 of the CoV—which otherwise restricts mobile vendors from staying in one spot for more than 30 minutes—due to the nature of their trade.

p. 3

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 balanced the Petitioner’s right to livelihood with the need for public order and hygiene, reasoning that since the Petitioner’s CoV specifically permits the use of gas cylinders and fire for food preparation, requiring constant movement every 30 minutes (Condition No. 11) is impractical.

p. 3

The Court addressed the Respondent's concerns regarding encroachment by directing the Assistant Commissioner of the MCD to identify a specific area for the Petitioner, linking the relief to strict compliance: the Petitioner must use only small or medium gas cylinders, maintain hygiene, and refrain from using a Tandoor outside the cart or creating permanent structures.

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