Provisional food vendors may operate from an alternative site subject to strict safety and non-obstruction conditions.

The Petitioner held a provisional Certificate of Vending (CoV), URI No. 4494050, under the category “Food/Snack with gas cylinder/fire,” with the place of vending identified as Central Zone, Ward-S-82.

She sought directions permitting her to vend peacefully at the Open Space, Madhya Marg, adjoining the Booster Pump Boundary Wall, Tughlakabad Extension, New Delhi.

The Petitioner alleged that the Respondents were disrupting her vending activities.

The Municipal Corporation of Delhi (MCD) opposed unrestricted vending at the site, contending that the road was narrow and that pedestrian and vehicular movement was impeded.

It further stated that vendors gathered in the evening and placed benches and stools for customers.

The Court also considered photographs of the vending activity placed on record.

1. Whether the Petitioner, holding a provisional CoV for vending food/snacks using a gas cylinder or fire, should be permitted to continue vending at or near the stated vending site, subject to regulatory and public-safety conditions.

2. Whether the MCD should identify an alternative vending space in the vicinity so that the Petitioner’s vending does not obstruct pedestrian or vehicular movement.

3. Whether restrictions should be imposed concerning the size of the gas cylinder, maintenance of cleanliness, prevention of obstruction, transfer or subletting of the CoV, and construction at the vending site.

The Court applied the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, particularly Section 21, under which the Town Vending Committee may formulate a vending plan governing the location and regulation of street vending.

The Court also applied the conditions attached to the Petitioner’s provisional CoV, while directing that Condition No. 11 would not apply subject to compliance with the safeguards imposed by the Court.

The governing principles were that a vendor holding a provisional CoV may vend subject to public-safety, traffic, hygiene and non-obstruction requirements, and that such permission does not create a vested right or permit creation of third-party interests, subletting, or permanent or temporary construction.

The Court also followed the approach adopted in Rajendra Singh v. Commissioner of Police & Ors., W.P.(C) 15082/2025, order dated 2 February 2026; Mohd Badruddin v. Municipal Corporation of Delhi & Ors., W.P.(C) 19391/2025, order dated 8 January 2026; and Rihana v. MCD & Ors., W.P.(C) 1609/2026, order dated 5 February 2026, concerning vendors operating under the category “Food/Snack with gas cylinder/fire”.

The Court balanced the Petitioner’s entitlement to vend under her provisional CoV against the MCD’s legitimate concerns regarding obstruction and public safety.

Since the vending site was situated near a narrow road where vendors allegedly congregated and placed seating for customers, unrestricted vending could impede pedestrian and vehicular movement.

Following the safeguards imposed in similar cases, the Court directed the concerned Assistant Commissioner to identify an alternative site in the vicinity within two weeks.

At the same time, it permitted the Petitioner to operate her vend, subject to use of only a small gas cylinder, restriction of the vend to a defined space, prevention of traffic or pedestrian obstruction, maintenance of cleanliness and hygiene, and provision of a dustbin.

The Court further protected the regulatory character of the provisional CoV by prohibiting transfer, subletting, third-party interests and construction, and by making the directions subject to any vending plan formulated under Section 21 of the 2014 Act.

The Petitioner was permitted to operate her food/snack vend subject to the provisional CoV and the Court-imposed conditions, including use of only a small gas cylinder, vending within a defined non-obstructive space, maintenance of hygiene and a dustbin, and compliance with all CoV conditions other than Condition No. 11.

She was prohibited from creating any third-party interest, subletting or handing over possession of the CoV, and from undertaking any permanent or temporary construction.

The Petitioner was directed to approach the concerned Assistant Commissioner on 17 September 2026 at 11:30 a.m.

The directions were made subject to the vending plan of Town Vending Committee-II under Section 21 of the 2014 Act, with no vested rights being created.