Street vendors cannot sell tobacco products or obstruct school access regardless of possessing a valid vending certificate.

In brief

The question

1. Whether a street vendor holding a valid CoV has an absolute right to vend products like tobacco and pan masala in the vicinity of a primary school

The court held

The Court disposed of the petition by granting limited relief. It held that while the Petitioner cannot be disturbed from peaceful vending, he must comply with strict conditions: (i) the MCD shall identify an alternate vending site within three days to ensure no obstruction to the school; (ii) the Petitioner is strictly prohibited from selling pan masala, gutka, or tobacco products near the school; (iii) he must maintain a dustbin and ensure hygiene; (iv) no permanent construction or sub-letting is permitted

It also directed

These directions remain subject to the future final vending plan framed by the TVC-II under Section 21 of the 2014 Act

01Facts

The Petitioner, a street vendor holding a provisional Certificate of Vending (CoV) for the Central Zone (Ward S-55), sought a writ of mandamus to prevent the Municipal Corporation of Delhi (MCD) and Delhi Police from obstructing his vending activities near the VIP Gate of Nizamuddin Railway Station

pp. 1-2

The Petitioner claimed compliance with CoV conditions

p. 2

The MCD opposed the petition, presenting geo-tagged photographs showing that the Petitioner was selling tobacco products (cigarettes, pan masala, gutka) in the immediate vicinity of Mata Sushila Malhotra DAV Primary School and failing to maintain hygiene at the site

pp. 2-4

02Issues

i.1. Whether a street vendor holding a valid CoV has an absolute right to vend products like tobacco and pan masala in the vicinity of a primary school

p. 5/para. 12

ii.2. Whether the authorities can relocate or impose restrictions on a vendor to ensure public health, hygiene, and the safety of minors

p. 6/para. 14

03Law Applied

The Court applied the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, specifically Section 21 regarding the powers of the Town Vending Committee (TVC) to frame vending plans

pp. 6-7

It relied on the judicial precedent set in Ram Prasad v. MCD [W.P.(C) 3524/2026], which prohibited the sale of harmful substances like gutka and pan masala in front of schools to protect young children

p. 2, 5

The court also enforced the Principle of Public Health and Hygiene, stating that vending rights are subject to cleanliness obligations and the non-obstruction of public access points

pp. 5-6

Provisions in the judgment · 1 · Linked ones open on LawLens

Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 Section 21

04Reasoning

The Court balanced the Petitioner’s statutory right to vend under his CoV with the public interest of protecting school children from tobacco exposure. While acknowledging the validity of the Petitioner's CoV, the Court noted a clear contradiction between the Petitioner's claims and the MCD's evidence regarding the nature of goods sold and the lack of sanitation

pp. 3-5

Following the ratio in Ram Prasad, the Court reasoned that vending near a school is a regulated activity; specifically, selling tobacco products near educational institutions is impermissible

p. 5

The Court determined that the Petitioner's right is not unfettered and must be exercised without encroaching on pedestrian areas or obstructing school ingress/egress

p. 6

Consequently, the Court found it necessary to direct the MCD to relocate the Petitioner to a more suitable site that satisfies both his livelihood needs and administrative/safety regulations

p. 6