Sarojini Nagar Vendor May Vend Only As Mobile Hawker, Delhi HC Says Setup By Large Tree Is Impermissible

The petitioner, a street vendor holding a Certificate of Vending (CoV) issued by NDMC for “cosmetic items,” sought permission to vend peacefully at P-72, Pilanji Village, Sarojini Nagar.

NDMC submitted that the petitioner was not vending in accordance with the CoV conditions and that TVC-II had not yet allotted him a site; the Market Association contended that he was vending in a No-Vending Zone.

The Court observed that the petitioner’s vending setup occupied an area where a large tree stood and was not compliant with the applicable conditions.

The Court exercised its jurisdiction under Article 226 of the Constitution of India.

It applied the terms and conditions of the petitioner’s CoV, including the requirements to comply with the vending period and zone determined by the TVC or local body, avoid obstructing pedestrian and vehicular movement, refrain from blocking footpaths or vending on roads, and comply with the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019.

The CoV conditions also permit suspension or cancellation for violations.

The Court considered the petitioner’s vending setup and the parties’ submissions that the location was a No-Vending or No-Squatting Zone.

It found that the setup, which occupied a place where a large tree was present, did not comply with the CoV conditions and that such hawking was impermissible.

Rather than authorize vending from the disputed site, the Court limited the relief to vending as a mobile vendor in strict compliance with the CoV conditions.

It directed that he be allowed to vend as a mobile vendor, strictly in accordance with the CoV conditions, and that, subject to compliance, his vending activities not be disturbed.

The petition and pending applications were disposed of.