Street Vendors Holding ‘Food With Gas Cylinder’ Category Certificates Must Confine Operations Within Designated Cart Limits

The Petitioner, a street vendor operating a food stall named ‘Patna Best Roll Centre’ near Adarsh Nagar Metro Station, approached the High Court seeking protection for his right to vend

He holds a provisional Certificate of Vending (CoV) for food snacks involving the use of a gas cylinder

The Petitioner alleged that officials from the Municipal Corporation of Delhi (MCD) and Delhi Police were obstructing his operations

Conversely, the MCD submitted evidence showing the Petitioner was encroaching on pedestrian footpaths with tables, failing to maintain hygiene, and improperly placing gas cylinders outside his cart

1. Whether a provisional Certificate of Vending (CoV) holder can be restricted from vending due to violations of hygiene and space-management conditions

2. Whether the Petitioner is entitled to protection against official interference while using a gas cylinder for vending

The Court applied the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, specifically Section 21 regarding the authority of the Town Vending Committee to regulate vending zones

The Court also relied on judicial precedents established in Rajendra Singh v. Commissioner of Police and Mohd Badruddin v. MCD, which provide a framework for balancing vendors' livelihood rights with public order, safety, and hygiene requirements

The Court observed that while the Petitioner holds a valid provisional CoV, the visual evidence provided by the MCD indicated a breach of vending norms, specifically the hazardous placement of gas cylinders and the obstruction of pedestrian space with auxiliary furniture

The Court reasoned that the right to vend is not absolute and must be exercised in strict compliance with the conditions of the CoV and public safety standards

By applying the "small cylinder" and "non-obstruction" directives used in previous similar cases, the Court sought to reconcile the Petitioner’s right to earn a livelihood with the statutory obligation of the MCD to keep public pathways clear and sanitary

The Court held that the MCD must conduct an inspection on August 13, 2026, to verify compliance... These directions remain subject to future relocation or regulatory plans formulated by the Town Vending Committee-II under the 2014 Act