Facts
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
Source reference: p. 1-2The Petitioner claimed compliance with CoV conditions
Source reference: p. 2The 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
Source reference: p. 2-4Issues
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
Source reference: p. 5/para. 122. Whether the authorities can relocate or impose restrictions on a vendor to ensure public health, hygiene, and the safety of minors
Source reference: p. 6/para. 14Law 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
Source reference: p. 6-7It 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
Source reference: p. 2, 5The 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
Source reference: p. 5-6Reasoning
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
Source reference: p. 3-5Following 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
Source reference: p. 5The Court determined that the Petitioner's right is not unfettered and must be exercised without encroaching on pedestrian areas or obstructing school ingress/egress
Source reference: p. 6Consequently, 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
Source reference: p. 6Holding
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
These directions remain subject to the future final vending plan framed by the TVC-II under Section 21 of the 2014 Act
Source reference: p. 6Original Court PDF
Suresh ShahvsMcd And Ors
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