Provisional certificate holders cannot be evicted until finalization of vending zones and issuance of final vending certificates.

The Petitioners claim to be street vendors operating within the Delhi Cantonment Board area

On March 21, 2025, the Town Vending Committee (TVC) identified 235 authorized vendors, including the Petitioners, and issued them provisional Certificates of Vending (CoV) on May 10, 2025

Between November and December 2025, the Petitioners alleged harassment and illegal eviction by police and Board officials despite possessing valid CoVs

Following previous litigation (W.P.(C) 10113/2025), the Court had earlier directed the release of seized goods and permitted vending in accordance with the CoVs

In subsequent meetings on October 30, 2025, and January 15, 2026, the TVC resolved that identified vendors with temporary certificates should not be evicted until vending zones are finalized and permanent certificates are issued, provided they adhere to the terms of their CoVs

1. Whether the Petitioners, as holders of provisional Certificates of Vending, are entitled to protection from eviction by the Respondents pending the finalization of vending zones.

The Court exercise jurisdiction under Article 226 of the Constitution of India

The primary legal principle applied is the protection of street vendors’ right to vend based on the resolutions of the Town Vending Committee (TVC), which is the statutory body empowered to regulate street vending.

The Court relied on the TVC’s resolution dated January 15, 2026, which establishes that holders of temporary vending certificates shall not be evicted until the finalization of vending zones, subject to compliance with certificate conditions

The Court examined the sequence of TVC meetings and the resulting minutes to determine the Petitioners' legal standing.

It noted that the TVC had explicitly identified 235 vendors as authorized and issued them provisional CoVs

The Court highlighted the TVC’s own resolution from the January 15, 2026 meeting, which protected temporary CoV holders from eviction during the transition period while vending zones are being finalized

The Court reasoned that since the competent authority (TVC) had already decided to allow the Petitioners to continue vending until the formalization of zones, the Petitioners’ grievances regarding harassment and eviction were addressed by the TVC's administrative commitment

The Court linked the right to vend strictly to the "terms and conditions" of the provisional CoVs, ensuring a balance between the vendors' livelihood and the authorities' power to regulate violations

The Court directed that the Petitioners shall be permitted to peacefully vend at their sites in accordance with the terms and conditions of their Certificates of Vending (CoV)

The Court granted the TVC liberty to take legal action against any Petitioner found in violation of the certificate terms

The petition was disposed of accordingly