Facts
Several street vendors filed writ petitions before the Delhi High Court challenging grievances related to their Certificates of Vending (CoVs). These issues included improper categorization in provisional CoVs, infeasible "mobile vending" requirements for persons with disabilities, and lack of specified vending sites.
Source reference: p. 5, para. 2The Municipal Corporation of Delhi (MCD) had previously submitted that a survey under the Street Vendors Act was conducted in phases, but nearly 20,247 vendors remained to be surveyed.
Source reference: p. 6, para. 3While provisional CoVs were issued to some, the final determination of vending zones and categories remained pending due to the non-finalization of Town Vending Committees (TVCs).
Source reference: p. 7, para. 5-7Issues
1. Whether the MCD and other authorities have followed a time-bound statutory process for the constitution of Town Vending Committees (TVCs) and finalization of vending plans.
Source reference: p. 6, para. 42. Whether the street vendors are entitled to protection from displacement pending the finalization of their vending status by the TVCs.
Source reference: p. 10, para. 11(vi)Law Applied
The Court applied the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, the Delhi Street Vendors Rules, 2017, and the Delhi Street Vendors Scheme, 2019.
Source reference: p. 6, para. 3These statutes mandate a surveyed-based approach to street vending, the mandatory constitution of TVCs to oversee vending zones and certificates, and provide protection to existing vendors during the transition period.
Source reference: p. 9, para. 11Reasoning
The Court observed that the administrative process for street vending in Delhi had reached a standstill because official memberships of the TVCs were not finalized.
Source reference: p. 7, para. 5The MCD presented a specific timeline to the Court, indicating that electoral rolls were prepared and elections for TVC members were scheduled for June 30, 2026, with full constitution expected by July 21, 2026.
Source reference: p. 8-9, para. 9-10The Court reasoned that since the TVC is the statutory body responsible for verifying survey lists, determining vending categories (mobile vs. stationary), and considering the needs of persons with disabilities, the grievances of the petitioners could only be resolved once these committees were functional.
Source reference: p. 9, para. 11The Court emphasized that TVCs must also consider financial terms for CoVs and ensure vendors maintain hygiene without making permanent constructions.
Source reference: p. 9, para. 11(iv-v)Holding
The Court disposed of the petitions by directing the MCD to strictly adhere to the timeline for constituting TVCs by July 21, 2026.
TVCs, once constituted, must verify survey lists and issue final CoVs considering specific vendor needs (e.g., disabilities/nature of trade) and determine monetary terms for the issuance of CoVs.
Source reference: p. 9, para. 11(ii-iv)Until the TVCs take a final decision, no street vendor holding a provisional CoV shall be disturbed or prevented from carrying out vending activities, provided they maintain cleanliness and do not raise permanent/temporary constructions.
Source reference: p. 10, para. 11(v-vi)Original Court PDF
Bharat BhushanvsMunicipal Corporation Of Delhi & Anr
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