Street vendor with valid Certificate of Vending permitted to resume activities post-infrastructure project completion.

The Petitioner, a street vendor holding a valid Certificate of Vending (CoV) for Ward S-83, Central Zone (Sangam Vihar), filed a writ petition alleging harassment and removal from his designated vending spot on MB Road.

The Municipal Corporation of Delhi (MCD) initially contended that the Petitioner was removed due to construction work by the Delhi Metro Rail Corporation (DMRC).

DMRC filed an affidavit clarifying that the removal was temporary to facilitate the construction of Metro pier P-159 under Phase-IV, which is now complete; DMRC stated they have no objection to the Petitioner’s return.

MCD’s status report confirmed the site was vacant and that the Petitioner’s activities must be subject to CoV conditions and future Town Vending Committee (TVC) decisions.

1. Whether the Petitioner, as a holder of a valid Certificate of Vending, is entitled to resume vending at his original site following the completion of public infrastructure work.

2. Whether specific conditions should be imposed on the Petitioner’s vending activities to ensure public safety and hygiene in a high-traffic area.

The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, specifically Section 21, mandates the formulation of a vending plan by the Town Vending Committee (TVC).

A Certificate of Vending (CoV) grants a provisional right to vend subject to reasonable restrictions concerning public order, health, and safety, as well as the overarching authority of the TVC to regulate vending zones.

The Court reconciled the Petitioner’s right to livelihood with public order by noting that DMRC—the party responsible for the initial displacement—explicitly withdrew its objection following the completion of the metro pier.

Since the Petitioner holds a CoV specifically categorized for "Food/Snacks with gas cylinder," the Court found it necessary to modify the standard restrictive conditions typically found in a CoV (specifically Condition No. 11) to allow the use of heating elements, provided they do not compromise safety.

The Court reasoned that to prevent the vend from becoming a public nuisance or obstruction, the Petitioner must adhere to strict spatial boundaries and hygiene standards, ensuring that the provisional right to vend does not transition into an unregulated encroachment.

The holding is subject to several conditions: (i) use of only small/medium cylinders for heating; (ii) no encroachment on pedestrian areas; (iii) maintenance of cleanliness and use of dustbins; (iv) prohibition on sub-letting or creating third-party interests; (v) no permanent construction; and (vi) directions are provisional subject to the final vending plan to be formulated by TVC-II under Section 21 of the Act.