Facts
The Petitioners, street vendors serving food items near Metro Gate Nos. 2-3 at Sarai Kale Khan, sought a court direction to permit them to continue vending at that location
Source reference: para. 2They possess a Certificate of Vending (CoV) under the category "Food/Snack with Gas Cylinder/ Fire"
Source reference: para. 3The Municipal Corporation of Delhi (MCD) contended that the Petitioners were operating in a "No-Vending zone" due to the proximity to the Metro Gates and the Railway Road
Source reference: para. 4Issues
1. Whether the Petitioners can be permitted to continue vending given their CoV status, despite the MCD's claim that the current site is a no-vending zone
Source reference: para. 5, 62. What conditions and interim arrangements should be established to balance the vendors' livelihood with public order and urban planning
Source reference: para. 7, 8Law Applied
Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, specifically Section 21, which pertains to the formulation of a vending plan by the Town Vending Committee (TVC)
Source reference: para. 8Rajendra Singh v. Commissioner of Police (W.P.(C) 15082/2025) and Rihana v. MCD & Ors. (W.P. (C) 1609/2026), which established the protocol for protecting vendors with valid CoVs while ensuring they do not cause public obstruction
Source reference: para. 5Reasoning
The Court acknowledged that while the Petitioners hold a valid CoV, their current location near Metro Gates poses a potential obstruction in a non-vending area
Source reference: para. 4To resolve this, the Court balanced the statutory protection of the vendors against the municipality's duty to maintain public spaces. It directed the Assistant Commissioner of the MCD to identify an alternative, specific vending space for the Petitioners to ensure they move from the restricted Metro Gate area immediately
Source reference: para. 6The Court reasoned that since the Petitioners are authorized to use gas cylinders, they must be restricted to small/medium sizes to minimize space consumption and must strictly adhere to hygiene and non-encroachment standards
Source reference: para. 7This arrangement is temporary and remains subject to the final vending plan to be notified by the TVC-II under Section 21 of the Act
Source reference: para. 8Holding
The Court disposed of the petition by permitting the Petitioners to vend peacefully at a site to be identified by the Assistant Commissioner, MCD
The holding is subject to several conditions: (a) use of only small/medium gas cylinders; (b) no encroachment on pedestrian paths; (c) maintenance of hygiene; (d) non-applicability of CoV Condition No. 11 (regarding specific restrictions) if other conditions are met; (e) prohibition on sub-letting or creating third-party interests; and (f) prohibition on permanent/temporary constructions
Source reference: para. 7The Court clarified that these directions are provisional and do not create any vested rights against future plans formulated by the Town Vending Committee-II
Source reference: para. 8Original Court PDF
Nisar Ali And Anr.vsMunicipal Corporation Of Delhi
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