Protection from eviction for surveyed street vendors pending formal issuance of Certificate of Vending.

The Petitioner, Mrs. Samma Praveen, a street vendor operating at Astha Kunj Road, Nehru Place, New Delhi, filed a writ petition under Article 226 of the Constitution

She participated in a survey conducted by the Town Vending Committee (TVC), South Zone, on July 19, 2025, and received an acknowledgment receipt (URI No. 11293)

The Petitioner alleged harassment by the Municipal Corporation of Delhi (MCD) and Delhi Police, and sought directions for the issuance of a Certificate of Vending (CoV) and protection to vend peacefully

The Respondent (MCD) submitted that the survey concluded in January 2026 and provisional CoVs would be issued after due scrutiny of documents

1. Whether the Petitioner is entitled to the issuance of a provisional Certificate of Vending (CoV) following her participation in the statutory survey.

2. Whether the Petitioner can be permitted to continue vending at the identified site pending the formal issuance of the CoV.

The Court exercised its extraordinary jurisdiction under Article 226 of the Constitution of India

It applied the principle of protecting the livelihood of street vendors who have undergone the survey process under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 framework, balancing the right to vend with public order and hygiene requirements

The Court observed that the Petitioner’s participation in the TVC survey was undisputed, as evidenced by the acknowledgment receipt

While the MCD acknowledged the completion of the survey in January 2026, it cited pending verification as the reason for the delay in issuing CoVs

The Court reasoned that since the survey was complete, the provisional CoV should be issued expeditiously subject to necessary conditions

To resolve the immediate grievance regarding harassment and eviction, the Court granted interim protection to vend, provided the Petitioner adheres to specific behavioral standards: maintaining the vend as per the submitted photograph, ensuring hygiene, using dustbins, and strictly avoiding encroachment on pedestrian areas or erecting permanent structures

Pending the formal issuance, the Court permitted the Petitioner to vend at the site, strictly prohibiting her removal so long as she maintains hygiene, avoids pedestrian obstruction, and refrains from permanent construction

The petition was disposed of with the caveat that these protections are subject to the final CoV issued by the MCD