Facts
Four street vendors (Petitioners) operating in Kamla Nagar, Jawahar Nagar, Maurice Nagar, and Bunglow Road filed a writ petition seeking protection for their trade and to prevent obstruction by authorities
Source reference: p. 1-2, para. 4All petitioners hold Certificates of Vending (COVs) under the "Others" category
Source reference: para. 6Previously, in W.P.(C) 9813/2025, the court directed the Municipal Corporation of Delhi (MCD) to decide on the petitioners' representations to be treated as "stationary vendors" rather than mobile vendors
Source reference: para. 11The current proceedings examined the nature of their vending based on photographs and COV terms
Source reference: para. 8-10Issues
1. Whether the petitioners are entitled to carry on their trade without obstruction based on their existing COVs
Source reference: para. 42. Whether the petitioners’ status can be converted from mobile vendors to stationary vendors
Source reference: para. 11, 15Law Applied
The court applied the terms and conditions prescribed under the COVs issued by the Town Vending Committee (TVC), which prohibit permanent construction, obstruction of pedestrians, and require adherence to hygiene standards
Source reference: para. 6It further relied on the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019 and the statutory role of the TVC in determining vending plans and categories under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
Source reference: para. 6, condition 16, para. 15-16Reasoning
The Court observed that based on the COV terms and photographic evidence, the petitioners are currently classified as mobile vendors, not stationary vendors
Source reference: para. 10Therefore, they are bound by specific restrictions, such as not staying in one spot for more than 30 minutes (unless otherwise prescribed) and not creating permanent structures
Source reference: para. 6The Court reasoned that while the petitioners have a right to vend under their provisional COVs, this right is subject to strict compliance with public health, safety, and non-obstruction of public pathways
Source reference: para. 13Regarding the request for "stationary" status, the Court noted that the TVC is the appropriate statutory body to make such determinations as part of the overall vending plan for Delhi
Source reference: para. 12, 16Holding
The Court disposed of the petition by permitting the petitioners to vend peacefully provided they: (i) follow COV terms; (ii) avoid permanent/temporary constructions; (iii) maintain cleanliness; (iv) refrain from using gas cylinders or selling food; and (v) stay within permissible limits
The Court held that the newly constituted TVC must decide on the petitioners' representations for stationary status within three months
Source reference: para. 15No vested rights were created, and the order remains subject to the final vending plan to be determined by TVC-2
Source reference: para. 16-17Original Court PDF
Ramprakash And Ors.vsGovt Of Nct Delhi And Ors.
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