Facts
The seven Petitioners were street vendors holding provisional Certificates of Vending (“COVs”) issued by the MCD for vending in Ward No. 102N and Ward No. 99N, subsequently corresponding to Ward No. 141, Rajinder Nagar and Ward No. 89, Karampura, respectively.
Source reference: paras. 2–3; p. 1The Petitioners sought permission to vend peacefully at sites stated to be allotted to them in and around Ajmal Khan Road, Karol Bagh, Delhi.
Source reference: para. 2; p. 1The MCD contended that Ajmal Khan Road had been declared a non-squatting/non-hawking zone on account of a pedestrian project and that the Petitioners could not vend there.
Source reference: paras. 5, 9; pp. 2, 8–10By an earlier order dated 29 May 2026, the Court directed that the Petitioners could not be disturbed provided they complied with the terms and conditions of their COVs, and called for an MCD status report.
Source reference: para. 6; pp. 2–4The MCD subsequently clarified that the Petitioners had not been allotted fixed tehbazari sites and had been issued COVs as mobile vendors.
Source reference: para. 9; pp. 8–9Issues
Whether the Petitioners, holding provisional COVs as mobile vendors, were entitled to vend in the respective vending zones for which their certificates had been issued, subject to the applicable terms and conditions?
Source reference: paras. 9–12; pp. 8–10Whether the Petitioners could vend on Ajmal Khan Road, Karol Bagh, which had been declared a non-vending/non-squatting zone?
Source reference: paras. 5, 9, 11; pp. 2, 8–10Whether the Petitioners had any right to vend from fixed sites or remain at one location beyond the period prescribed for mobile vendors?
Source reference: paras. 9, 11; pp. 8–10Law Applied
The Court applied the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, together with the applicable Rules and the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019, under which vending must be carried out in accordance with the COV and the conditions prescribed by the Town Vending Committee/local authority.
Source reference: para. 9; pp. 8–9The COV conditions required vendors to comply with the designated vending zone and vending period, avoid obstructing pedestrians or vehicles, refrain from vending on roads or blocking footpaths, avoid unauthorised activity, and comply with public-health, hygiene and safety requirements.
Source reference: para. 6; pp. 3–4In particular, mobile vendors could not remain or vend at one place for more than the prescribed period; the applicable period in the present case was 45 minutes.
Source reference: paras. 9, 11; pp. 8–10A COV did not confer a right to vend in a prohibited non-vending zone or create an entitlement to a fixed tehbazari site.
Source reference: para. 9; pp. 8–10Reasoning
The Court treated the Petitioners’ COVs as authorising mobile vending only within the respective zones for which they had been issued, and not from any fixed site.
Source reference: para. 9; pp. 8–9Since the MCD’s status report confirmed that no fixed tehbazari sites had been allotted, the Petitioners could not claim a right to vend from particular permanent locations.
Source reference: para. 9; pp. 8–9At the same time, possession of valid provisional COVs entitled them to carry on vending in their designated zones, provided they complied with the certificate conditions, including the 45-minute limit at any one location.
Source reference: paras. 10–11; pp. 9–10The Court separately accepted the MCD’s position that Ajmal Khan Road had been declared a non-vending/non-squatting zone.
Source reference: paras. 9, 11; pp. 8–10Consequently, even valid COVs could not authorise vending on that road, and any such activity would amount to illegal squatting in a prohibited area.
Source reference: paras. 9, 11; pp. 8–10Holding
The Court held that the Petitioners were entitled to vend as mobile vendors in their respective designated vending zones, subject to all COV terms and conditions, but could not remain at one location for more than 45 minutes.
They were expressly prohibited from vending on Ajmal Khan Road, Karol Bagh, which was a non-vending zone.
Source reference: para. 11; p. 10Subject to these directions, the Petitioners’ lawful vending activities were not to be disturbed.
Source reference: para. 11; p. 10The writ petition was disposed of accordingly, and all pending applications were also disposed of.
Source reference: paras. 12–13; p. 10Original Court PDF
Hukam Chand & Ors.vsMunicipal Corporation Of Delhi & Anr.
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