Provisional street-vending certificate holders may use small gas cylinders subject to non-obstruction and hygiene conditions.

The Petitioner, a street vendor, claimed to have been vending for several years from an open space on Madhya Marg adjoining the Booster Pump Boundary Wall, Tughlakabad Extension, Central Zone, Ward-S-82, New Delhi.

He held a provisional Certificate of Vending (CoV), URI No. 7212923, under the category “Food snack with gas cylinder/fire”.

The Petitioner alleged that, although he used only a small gas cylinder, he was regularly harassed by officials of the Municipal Corporation of Delhi and the Delhi Police.

He therefore invoked Article 226 of the Constitution seeking permission and protection to vend peacefully from the stated site.

Whether the Petitioner, holding a provisional CoV for vending food/snacks with a gas cylinder or fire, should be permitted to operate his vend from the stated site, subject to appropriate safeguards.

Whether the Petitioner could be granted limited protection from the operation of Condition No. 11 of the provisional CoV, subject to compliance with the remaining conditions and restrictions relating to public safety, pedestrian movement, traffic, hygiene, and non-transfer of the CoV.

Whether the relief granted should remain subject to any vending plan formulated by Town Vending Committee–II under Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

The Court exercised its jurisdiction under Article 226 of the Constitution to protect the Petitioner’s livelihood while balancing public safety, pedestrian convenience, traffic regulation, hygiene, and the statutory regulation of street vending.

It applied the conditions contained in the Petitioner’s provisional CoV, permitting a limited exception to Condition No. 11 while requiring compliance with all other CoV conditions.

The Court relied upon 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 of food/snacks with gas cylinder or fire.

The relief was expressly made subject to any plan prepared by Town Vending Committee–II under Section 21 of the 2014 Act, and no vested right was recognised.

The Court recognised that the Petitioner possessed a provisional CoV specifically authorising vending in the category of food/snacks with gas cylinder or fire.

Following its recent decisions involving similarly situated vendors, it considered it appropriate to protect his livelihood, but only within narrowly defined operational and safety limits.

Accordingly, the Court restricted the Petitioner to using only a small gas cylinder, confined him to a space that would not obstruct pedestrians or create vehicular traffic congestion, and imposed obligations concerning cleanliness, hygiene, and the placement of a dustbin.

It also prohibited the creation of third-party interests, sub-letting, transfer of possession, and any permanent or temporary construction, thereby ensuring that the relief remained personal and did not create an unauthorised or permanent vending entitlement.

The statutory planning powers of the Town Vending Committee were preserved by making the directions subject to a future plan under Section 21 of the 2014 Act.

The Petitioner may use only a small gas cylinder for heating food and snacks; must avoid obstruction to pedestrians and vehicular traffic; maintain cleanliness, hygiene, and a dustbin; and comply with all CoV conditions other than Condition No. 11.

He may not create any third-party interest, sub-let or hand over possession, or erect any permanent or temporary construction.

The directions remain subject to any vending plan framed by Town Vending Committee–II under Section 21 of the 2014 Act, and no vested right may be claimed.