Inclusion on a pre-existing-vendor list does not permit vending beyond the prescribed space.

The petitioner, a vendor in Sarojini Nagar Market, sought a direction requiring the respondents to issue him a Certificate of Vending (CoV).

NDMC stated that the survey had been completed and the petitioner had been found ineligible; it later questioned his identity on the basis of differences between his Aadhaar Card and Voter ID Card

The Court noted that the petitioner was included in NDMC’s list of 628 street vendors identified as pre-existing vendors, but that photographs showed him occupying more space than permitted under the provisional CoV terms

1. Whether the petitioner was entitled to a CoV despite NDMC’s finding of ineligibility and its stated concerns regarding his identity

2. Whether the petitioner could be permitted to vend pending consideration of his CoV application, and, if so, subject to what conditions

The Court referred to the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, in the context of protection afforded to vendors identified as pre-existing vendors

It held that inclusion in the list of 628 vendors did not, by itself, confer a right to occupy more space than permitted or to cause obstruction or traffic congestion

No statutory provision or precedent was expressly cited in the judgment

The Court considered the petitioner’s inclusion in the list of pre-existing vendors but treated that inclusion as insufficient to justify his occupation of the larger area shown in the photographs.

It therefore permitted vending only within a defined 4 × 6 ft. space, for selling ladies’ handbags, subject to maintaining cleanliness and avoiding traffic congestion.

The Court left the merits of the CoV application to be considered by TVC-II once constituted

It permitted the petitioner to sell ladies’ handbags within a 4 × 6 ft. space, subject to the stated conditions, and directed that TVC-II consider his case for a CoV after it is constituted.

The petition and any pending applications were disposed of accordingly.