01Facts
The Petitioner is a street vendor with a 70% physical impairment, comprising a 60% locomotor disability due to post-polio residual paralysis and 30% low vision.
p. 1 · ¶ 3He has been vending mobile phone accessories for 30 years in the Bagichi Chetan Dass area.
p. 2 · ¶ 5While he holds a provisional Certificate of Vending (COV) for City-SP Zone, Ward 84-N, Condition No. 11 of the COV restricts him to mobile vending, prohibiting him from staying in one spot for more than 30 minutes.
p. 2 · ¶ 4, 6The Petitioner’s vend was recently removed by the Respondents on the grounds that he was vending in a non-squatting zone.
p. 3 · ¶ 8The Petitioner approached the Court seeking a fixed vending site and a waiver of the mobile vending condition due to his impaired mobility.
p. 1 · ¶ 2 · p. 3 · ¶ 702Issues
i.1. Whether a street vendor with significant locomotor disability is entitled to a waiver of the "30-minute" mobile vending condition and the allocation of a fixed vending site on empathetic and legal grounds.
p. 3 · ¶ 9ii.2. Whether the removal of the Petitioner’s vend from a non-squatting zone necessitates the provision of an alternative fixed spot pending the finalization of the town vending plan.
p. 3 · ¶ 10-1103Law Applied
The Court's decision is governed by the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and the Rules framed thereunder, which regulate the categorization of vendors and the formulation of town vending plans.
p. 3 · ¶ 11The Court applied the principle of reasonable accommodation for persons with disabilities, as evidenced by the reliance on the Disability Certificate issued under the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment.
p. 1 · ¶ 304Reasoning
The Court observed that the Petitioner’s 60% locomotor disability renders the "30-minute" mobile vending condition practically impossible to fulfill, as his movement is severely impaired.
p. 3 · ¶ 9While acknowledging the Respondent’s claim that the previous site was a non-squatting zone, the Court held that the Petitioner’s specific circumstances warrant an empathetic approach.
p. 3 · ¶ 9The Court reasoned that the mobile vending condition should be waived to ensure the Petitioner can maintain his livelihood.
p. 3 · ¶ 9To balance urban management with the Petitioner's rights, the Court directed the Assistant Commissioner to identify a specific fixed spot for the Petitioner, rather than allowing him to remain at the disputed non-squatting site.
p. 3 · ¶ 10This arrangement was made subject to the ultimate finalization of the statutory town vending plan.
p. 3 · ¶ 1105Holding
The Court disposed of the petition by granting the Petitioner relief from the mobile vending restriction. It held that the 30-minute condition is waived in light of the Petitioner's disability.
p. 3 · ¶ 9The Court directed the Petitioner to appear before the Assistant Commissioner of the City-SP Zone on April 23, 2026. The Respondents were ordered to identify and allocate a fixed vending site within two weeks, subject to the final town vending plan. The Petitioner is prohibited from raising any permanent (pakka) construction and must maintain hygiene at the allotted site.
p. 3 · ¶ 10, 11, 12The Petitioner was also granted liberty to move the Court if the spot is not identified within the stipulated period.
p. 4 · ¶ 13Original Court PDF
Vishal GuptavsMunicipal Corporation Of Delhi Through Commissioner & Anr.
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