STATIONARY VENDING RIGHTS FOR DISABLED VENDORS CONTINGENT ON REPLACING PERMANENT STRUCTURES WITH MOBILE CARTS

The Petitioner, a street vendor with 45% permanent locomotor disability, holds a Certificate of Vending (CoV) for a stationary "Food/Snack" stall in West Zone, Ward S-5

On July 10, 2026, the Municipal Corporation of Delhi (MCD) demolished the Petitioner’s stall without prior notice

The MCD contended that the action was necessary as the Petitioner had erected unauthorized permanent/temporary tin structures and was occupying space beyond permissible limits

The Petitioner sought a writ of mandamus for the restoration of his vending site or an alternative allotment under the protection of the Street Vendors Act

1. Whether the Petitioner is entitled to protection against eviction and restoration of his vending site under the Street Vendors Act, 2014, despite raising unauthorized structures

2. Whether the Petitioner’s physical disability warrants an exemption from the standard requirement of operating a "mobile" cart, allowing him to remain stationary

Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, specifically Section 21 regarding the authority of the Town Vending Committee (TVC) to formulate vending plans

Conditions stipulated in the Certificate of Vending (CoV) and the principles of equity concerning persons with disabilities

The court relied on recent judicial precedents, such as Rajendra Singh v. Commissioner of Police and Rihana v. MCD, which established that food vendors must maintain hygiene and limited footprints while being protected from arbitrary harassment

The Court observed that while the Petitioner holds a valid CoV, the photographs produced by the MCD confirmed that he had violated vending norms by constructing a permanent/temporary tin shed and encroaching upon pedestrian space

Consequently, the Court found that the MCD's initial demolition action was justified

The Court reasoned that while he must transition to a mobile cart to prevent permanent encroachment, his disability justifies a departure from Condition No. 11 of the CoV (which usually requires movement), allowing him to remain stationary at a site identified by the MCD

The Court emphasized that this arrangement is interim and subject to the final vending plan to be framed by the Town Vending Committee-II

The MCD was directed to inspect the site on August 13, 2026, to ensure compliance, after which the Petitioner is permitted to vend peacefully without disturbance