Street vendors must maintain hygiene and restrict vending carts to designated spaces without obstructing pedestrian movement.

The Petitioner, a street vendor holding a provisional Certificate of Vending (CoV) for food/snacks in Central Zone, Ward S-82, New Delhi, filed a petition under Article 226 of the Constitution

He alleged continuous harassment and obstruction of his vending activities by officials from the Municipal Corporation of Delhi (MCD) and the Delhi Police

The MCD countered by producing photographs demonstrating that the Petitioner was occupying excessive space beyond his permit and failing to maintain hygiene and cleanliness around his mobile cart

1. Whether the Petitioner is entitled to protection against displacement and harassment by authorities while vending from a mobile cart under a provisional CoV

2. Whether the Petitioner’s right to vend is subject to specific regulatory conditions regarding hygiene, space occupancy, and public obstruction

The Court applied the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, specifically focusing on Section 21 regarding the formulation of vending plans by the Town Vending Committee (TVC)

It also relied on judicial precedents established in Rajendra Singh v. Commissioner of Police, Mohd Badruddin v. MCD, and Rihana v. MCD, which balance the livelihood rights of vendors with the statutory obligations to maintain public order and sanitation

The Court observed a discrepancy between the photographs submitted by the Petitioner and those by the MCD, concluding that the Petitioner had indeed failed to maintain adequate cleanliness

While recognizing the validity of the Petitioner’s provisional CoV, the Court reasoned that the right to vend is not absolute and must be exercised without encroaching on pedestrian areas or creating health hazards

By applying the principle of "peaceful vending subject to conditions," the Court determined that the Petitioner could continue his livelihood provided he adhered to strict spatial and hygienic mandates, ensuring that his activities do not impede public movement or violate the terms of his provisional certification

The holding specifies that these directions are subject to any future vending plans formulated by the TVC-II under Section 21 of the Act, and no vested rights shall be claimed by the Petitioner