Provisional street vendors may be relocated to congestion-free sites while remaining exempt from the 30-minute vending limit.

The Petitioner, a street vendor, had been vending for several years at the footpath/open space opposite A-12, near Adarsh Nagar Metro Station, Delhi.

He held a provisional Certificate of Vending (CoV) bearing URI No. 7194907 for “Food/Snack with gas cylinder/fire” in Civil Lines, Ward 17-N.

Despite holding the provisional CoV, he alleged repeated interference by MCD officials and the Delhi Police and sought permission to vend peacefully without being subjected to Condition No. 11 of the CoV.

MCD produced photographs showing severe congestion in the service lane adjoining the Metro station and contended that the Petitioner’s use of side tables, stands and service counters occupied more space than permissible under the CoV.

MCD further stated that it proposed relocating vendors to a by-lane to preserve the service lane for vehicular and pedestrian movement.

Whether the Petitioner, being a holder of a provisional CoV for “Food/Snack with gas cylinder/fire,” was entitled to protection to conduct vending activities peacefully and to exemption from Condition No. 11 of the CoV.

Whether, having regard to the congestion and obstruction caused at the existing vending site, the Court could direct relocation of the Petitioner to an alternate vending area subject to regulatory and safety conditions.

Whether the Petitioner’s vending activities could continue subject to restrictions concerning space, hygiene, gas-cylinder size, non-obstruction, and prohibition against creating third-party interests in the CoV.

The Court applied the regulatory framework governing street vending under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, including the possibility of future planning by the Town Vending Committee under Section 21.

It also applied the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019 and the terms of the provisional CoV, including obligations relating to vending zones and periods, hygiene, public health, non-obstruction of pedestrian and vehicular movement, prohibition of illegal activities, restrictions on construction and sub-letting, and compliance with prescribed safety standards.

Relying on its directions 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, the Court held that a provisional CoV holder may be permitted to vend, including with a limited exemption from Condition No. 11, provided that vending does not cause congestion, obstruction, health risks, or breach of the remaining CoV conditions.

The Court accepted that the Petitioner was prima facie entitled to protection as a provisional CoV holder; however, the photographs demonstrated extreme congestion in the service lane, the need to maintain cleanliness near the Ring Road and Metro station, and the Petitioner’s occupation of an impermissibly large area through additional tables, stands and counters.

Accordingly, the Court balanced the Petitioner’s right to vend with the statutory requirements of orderly vending and protection of public movement.

It permitted the MCD Assistant Commissioner to identify, within two weeks, a suitable alternate location that would not obstruct pedestrian or vehicular traffic and directed the Petitioner to shift there.

At the alternate site, the Petitioner could vend with a small gas cylinder and without application of Condition No. 11, but remained bound by all other CoV conditions and by specific requirements concerning limited space, hygiene, dustbins, non-construction, and non-transfer or sub-letting of the CoV.

The Petitioner was permitted to vend at the alternate site, subject to use of only a small gas cylinder, restriction to a space causing no obstruction or congestion, maintenance of cleanliness and hygiene, and compliance with all CoV conditions other than Condition No. 11.

The SHO was directed to coordinate with the MCD and prevent congestion near Adarsh Nagar Metro Station.

The directions were made subject to any future plan of the Town Vending Committee under Section 21 of the 2014 Act, and no vested right was created in favour of the Petitioner.