Facts
The Petitioner, a street vendor selling readymade garments on a mobile cart, approached the High Court seeking directions to prevent the Municipal Corporation of Delhi (MCD) and Delhi Police from obstructing his vending activities at Madhya Marg, Tughlakabad Extension
Source reference: p. 2The Petitioner holds a Certificate of Vending (CoV) under the "Others" category for Ward S-82, Central Zone
Source reference: p. 2The MCD contended that the Petitioner's CoV is restricted to "mobile vending," which carries specific operational limitations
Source reference: p. 3Issues
1. Whether the Petitioner is entitled to protection against displacement or obstruction of his vending activities based on his Certificate of Vending
Source reference: p. 2-42. Whether the Petitioner’s vending activities must strictly adhere to the "mobile vendor" criteria as stipulated in the terms and conditions of the CoV
Source reference: p. 4Law Applied
The Court applied the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and the specific terms and conditions governing the Certificate of Vending (CoV) issued by the Municipal Corporation
Source reference: no citationThe core legal principle applied is that a vendor’s right to vend is not absolute but is subject to the specific category of license granted (e.g., mobile vs. stationary) and the regulatory conditions annexed to such certificates
Source reference: p. 4Reasoning
The Court examined the Petitioner’s CoV and the photograph of the vend (a mobile cart) to determine the nature of the permitted activity
Source reference: p. 2-3While acknowledging the Petitioner’s status as a protected vendor, the Court balanced this right against the MCD’s regulatory conditions for "mobile vendors"
Source reference: p. 3-4The Court reasoned that since the Petitioner is classified as a mobile vendor under the "Others" category, he is legally prohibited from occupying a single spot indefinitely. To synchronize the Petitioner's right to livelihood with public space management, the Court determined that the Petitioner must remain in motion and cannot stay at any specific location for more than 30 minutes
Source reference: p. 4Holding
The Court disposed of the petition by holding that the Petitioner is permitted to carry out his vending activities without disturbance, provided he strictly complies with the terms of his CoV
Specifically, the Court ordered that the Petitioner must operate as a mobile vendor and is barred from staying at any particular place for more than 30 minutes. Subject to these restrictions, the Respondents were directed not to disturb the Petitioner’s vending activity
Source reference: p. 4Original Court PDF
Suresh Kumar MishravsMunicipal Corporation Of Delhi And Ors
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in