Delhi High Court

Mobile Street Vendors Holding Certificates of Vending Must Remain Stationary for No More Than Thirty Minutes.

Suresh Kumar Mishra vs Municipal Corporation Of Delhi And Ors

Delhi High CourtJUDGMENT: July 27, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 2

The Petitioner holds a Certificate of Vending (CoV) under the "Others" category for Ward S-82, Central Zone

Source reference: p. 2

The MCD contended that the Petitioner's CoV is restricted to "mobile vending," which carries specific operational limitations

Source reference: p. 3
02

Issues

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. 2-4

2. 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. 4
03

Law 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 citation

The 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. 4
04

Reasoning

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. 2-3

While 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. 3-4

The 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. 4
05

Holding

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. 4
Delhi High Court

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Suresh Kumar MishravsMunicipal Corporation Of Delhi And Ors

Delhi High Court · July 27, 2026

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