Facts
The Petitioner, a street vendor, was issued a Certificate of Vending (CoV) by the Municipal Corporation of Delhi (MCD) for selling "Food/Snacks without gas cylinder/fire"
Source reference: p. 2He approached the High Court seeking directions to allow him to vend peacefully at a specific site near M-Block Market, Greater Kailash-II, alleging harassment and the inability to use that spot due to parked cars
Source reference: p. 1-3The MCD contended that the Petitioner is a "mobile vendor" and must comply with the conditions of his CoV
Source reference: p. 3Issues
1. Whether a street vendor classified as a "mobile vendor" under a Certificate of Vending can claim a right to a specific/permanent geographical space for vending
Source reference: p. 4, para. 72. Whether the Petitioner is entitled to protection against harassment while carrying out vending activities under the terms of the CoV
Source reference: p. 5, para. 9Law Applied
The Court primarily applied the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, specifically Section 21 regarding the formulation of vending plans by the Town Vending Committee (TVC)
Source reference: p. 5, para. 8Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019, and the specific terms of the Certificate of Vending, notably Condition No. 11, which mandates that mobile vendors shall not vend for more than 30 minutes at any single place
Source reference: p. 4, para. 6Reasoning
The Court examined the Petitioner’s CoV and found that strictly adhering to Condition No. 11, the Petitioner is classified as a mobile vendor
Source reference: p. 4, para. 7Consequently, the Court reasoned that the Petitioner cannot assert a vested legal right to any particular spot or permanent location
Source reference: p. 4, para. 7The Court balanced the vendor's right to livelihood with public order by imposing conditions regarding cleanliness, the absence of permanent structures, and the supremacy of future TVC vending plans
Source reference: p. 5, para. 7-8Holding
The Court held that the Petitioner must operate strictly as a mobile vendor and cannot claim rights to a specific spot
The Court ordered that the Petitioner shall not be disturbed from his vending activities provided he: (i) maintains cleanliness and uses a dustbin; (ii) erects no permanent or temporary structures; and (iii) creates no third-party rights in the CoV; these directions remain subject to future plans formulated by the Town Vending Committee–II under Section 21 of the Act
Source reference: p. 4-5, para. 7, 8, 9Original Court PDF
Rabindra NathvsMunicipal Corporation Of Delhi And Ors
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in