Delhi High Court

Relocation of Street Vendors with Certificates of Vending to Designated Non-Obstructive Sites Pending Town Vending Committee Plans.

Nisar Ali And Anr. vs Municipal Corporation Of Delhi

Delhi High CourtJUDGMENT: May 29, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 2

They possess a Certificate of Vending (CoV) under the category "Food/Snack with Gas Cylinder/ Fire"

Source reference: para. 3

The 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. 4
02

Issues

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, 6

2. What conditions and interim arrangements should be established to balance the vendors' livelihood with public order and urban planning

Source reference: para. 7, 8
03

Law 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. 8

Rajendra 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. 5
04

Reasoning

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. 4

To 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. 6

The 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. 7

This 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. 8
05

Holding

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. 7

The 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. 8
Delhi High Court

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Nisar Ali And Anr.vsMunicipal Corporation Of Delhi

Delhi High Court · May 29, 2026

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