Relocation of Street Vendor Mandated for Violating Vending Conditions and Obstructing Public Pedestrian Access

The Petitioner, a street vendor with 75% locomotor disability, held a Certificate of Vending (CoV) for a site near Ajmeri Gate Railway Station

He approached the High Court alleging harassment by authorities preventing his peaceful vending

The Municipal Corporation of Delhi (MCD) countered with photographic evidence showing the Petitioner had obstructed public drains, occupied excessive pavement space with furniture, and failed to maintain hygiene

1. Whether the Petitioner’s vending activities exceeded the scope of his Certificate of Vending and obstructed public space

2. Whether the Petitioner is entitled to protection against relocation given his disability and the reported violations of vending terms

The court’s decision was governed by the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, specifically Section 21 regarding the powers of the Town Vending Committee

The court also relied on the constitutional protections under Articles 226 and 227, balanced against the terms and conditions set out in the Certificate of Vending (CoV) which mandate hygiene, space restrictions, and prohibitions on sub-letting

The Court found that although the Petitioner was a registered vendor, the evidence demonstrated significant violations of his vending terms. Specifically, the placement of extra seating and equipment obstructed public utilities and pedestrian movement, effectively turning a mobile vending cart into a "mini café"

The Court determined that the right to vend is not absolute and must be exercised without encroaching on public hygiene or pedestrian rights

While acknowledging the Petitioner’s disability, the Court reasoned that the current site was no longer viable due to these obstructions, necessitating a relocation to a nearby site that balances the vendor's livelihood with public accessibility

The holding permits continued vending subject to strict conditions: no encroachment on pedestrian areas, the use of small-scale equipment only, maintenance of hygiene, and a prohibition on creating third-party interests

The petition was disposed of with the directive that the Petitioner's activities at the new site shall not be disturbed provided he strictly complies with these conditions and the 2014 Act