Street vendor with locomotor disability protected from eviction pending final vending site demarcation by Town Vending Committee.

The Petitioner, a person with 50% locomotor disability, runs a tyre puncture vend opposite Milli Model School, Jamia Nagar, New Delhi

He was issued a provisional Certificate of Vending (CoV) under the ‘Others’ category for Central Zone, Ward S-101

the Petitioner approached the High Court seeking directions to identify and demarcate his specific vending site and to issue a revised CoV, as the current provisional CoV does not reflect his exact location, leading to operational hardships

1. Whether the Court should grant interim protection to the Petitioner’s vending activities pending a final decision by the Town Vending Committee regarding the demarcation of his specific site

Article 226 of the Constitution of India

Regulatory framework governing street vending, specifically the role of the Town Vending Committee (TVC) in identifying and demarcating vending sites and issuing Certificates of Vending (CoV)

The Court observed that the Petitioner’s disability was documented by a certificate from Pt. Madan Mohan Malaviya Hospital and that the vend constituted his sole source of livelihood

While acknowledging that the issuance of a revised CoV and site demarcation falls within the jurisdiction of the Town Vending Committee (TVC-II), the Court noted that the TVC-II had not yet reached a decision

After perusing photographic evidence of the existing vend, the Court determined that, given the Petitioner’s locomotor disability and the current status of his vending activities, he required protection from displacement while the administrative process for a revised CoV remained pending

This protection is subject to the Petitioner complying with the terms and conditions of his provisional CoV and ensuring that his activities do not cause traffic congestion in the area. The issuance of a permanent/revised CoV remains subject to the final decision of the TVC-II.