Mobile Street Vendors Holding Valid Certificates Cannot Be Dispossessed Provided They Strictly Adhere to Vending Conditions.

The Petitioner, Pritam Singh, a street vendor holding a Certificate of Vending (CoV) No. URI 8517470 under the "others" category, filed a writ petition under Article 226 of the Constitution of India.

He alleged that the local police had seized his vending cart and sought a direction to allow him to vend peacefully at his designated spot in Greater Kailash – I, New Delhi.

The Petitioner placed photographs of his vending site on record.

1. Whether the Petitioner is entitled to the release of his seized vending cart and protection from disturbance while vending, subject to the conditions of his Certificate of Vending?

2. Whether the Petitioner’s right to vend is subject to the statutory schemes and future plans formulated by the Town Vending Committee (TVC)?

Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, specifically Section 21, which pertains to the formulation of vending plans by the Town Vending Committee.

Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019, which prescribes sixteen specific conditions for mobile vendors, including restrictions on permanent structures, time limits for stay (30 minutes for mobile vendors), and maintenance of public hygiene.

The court examined the Petitioner's status as a certificate holder and noted his classification as a "mobile vendor". It reasoned that while the Petitioner has a right to vend, this right is not absolute and is strictly contingent upon adherence to the sixteen conditions stipulated in his CoV and the 2019 Scheme.

The court emphasized that as a mobile vendor, the Petitioner must not cause vehicular or pedestrian hindrance, must not stay in one spot for more than 30 minutes, and cannot claim any vested right over a specific spot if it conflicts with future plans formulated by the TVC-II under Section 21 of the Act.

Consequently, the court found that the seizure of the cart could be rectified provided the Petitioner bound himself to these statutory and regulatory conditions.

It held that the Petitioner shall not be disturbed from peacefully vending, provided he strictly adheres to the conditions of the CoV and the 2019 Scheme.

The Court clarified that these directions are subject to any future vending plans formulated by the Town Vending Committee-II under Section 21 of the Street Vendors Act, 2014, and that the Petitioner cannot claim any vested rights in this regard.