Garbage collection activities do not constitute street vending and do not entitle individuals to Certificates of Vending.

The Petitioner, Rajinder Kumar, is a garbage collector who has been operating around Block H-15, Connaught Place, New Delhi, since 1976.

In a previous round of litigation (Rajender Kumar v. NDMC, W.P.(C) 4458/2017), the Court had permitted him to temporarily store gunny bags of garbage for one to two hours in the verandah of the site but explicitly prohibited him from conducting any vending or selling activities.

The Petitioner filed the present writ petition seeking directions to the Respondents to conduct a survey and issue him a Certificate of Vending (CoV).

He argued that under Section 225 of the New Delhi Municipal Council Act, 1994, he could be granted permission to vend.

1. Whether a person engaged in garbage collection is entitled to a Certificate of Vending (CoV).

2. Whether the Petitioner can be permitted to carry out vending activities in a designated "No-vending zone" such as Connaught Place.

Section 225 of the New Delhi Municipal Council (NDMC) Act, 1994, which prohibits the deposit of items or the placement of stalls/benches in public streets or places without the Chairperson’s permission.

The principle that specific commercial activities (vending) are subject to location-based restrictions, such as the classification of certain areas as "No-vending zones".

The Court analyzed the Petitioner’s legal standing and the nature of his work, concluding that since he is a garbage collector, he does not qualify as a "vendor" and thus cannot claim any right to a Certificate of Vending or rights over the verandah of the site.

The Court noted that the Petitioner's rights regarding garbage collection were already adequately protected and defined by the previous order dated May 22, 2017.

The Court further reasoned that because the Connaught Place area is a designated "No-vending zone," the Petitioner cannot be allowed to sell wares or goods under the pretext of collecting garbage.

The Court clarified that while the Petitioner may continue garbage collection activities as per the 2017 order, he is strictly prohibited from selling any goods or wares at the site.

The petition was disposed of with no further relief granted.