Section 5(2) allows dependent children to substitute names in a deceased parent's Certificate of Vending.

The Petitioner, Toshar Kumar, is the son of Late Mr. Narender Kumar, a street vendor who had been surveyed by the Town Vending Committee (TVC) in 2025 and issued a Certificate of Vending (CoV) No. V2025702229 for a site near Shop No. 137, Sarojini Nagar Market

Following the death of his father on January 26, 2026, and his mother in 2019, the Petitioner—having obtained No-Objection Certificates from other legal heirs—submitted a representation on February 27, 2026, seeking to substitute his name in the CoV

The Petitioner approached the High Court seeking directions for the TVC to decide his representation and to prevent harassment from vending activities in the interim

Whether the Petitioner is entitled to the substitution of his name in the Certificate of Vending (CoV) previously held by his deceased father under the Street Vendors Act

Whether the NDMC is obligated to decide the Petitioner's representation regarding such substitution in a time-bound manner

The Court primarily applied Section 5(2) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, which stipulates that the dependent child of a street vendor may be permitted to vend in place of their parent upon the latter's death

The Petitioner asserted that he had been assisting his father in vending activities and continued to operate the site after his father’s demise

The Respondent (NDMC) contended that for the Petitioner to avail the benefit of Section 5(2), he must first establish his status as a "dependent child"

The Court reasoned that the validity of the Petitioner’s claim hinges on a factual verification of his credentials and dependency status

Consequently, the Court determined that the Director Enforcement, NDMC, is the appropriate authority to verify these documents and determine eligibility for substitution under the statutory framework of the 2014 Act

To ensure administrative efficiency, the Court mandated a specific timeline for this verification and adjudication process

The Director Enforcement is ordered to decide the Petitioner's representation within four months after verifying all credentials in accordance with Section 5(2) of the Street Vendors Act

Furthermore, the Court granted the Petitioner liberty to approach the Court should the Respondents take any coercive measures against him in the interim