Street vendors must operate within designated zones and strictly comply with safety, hygiene, and non-encroachment conditions.

The Petitioner, a street vendor, filed a writ petition under Article 226 of the Constitution seeking directions to allow him to vend from a site near Gate No. 2, Kasturba Hospital, New Delhi

The Petitioner possessed a provisional Certificate of Vending (CoV) for "Food/Snack with Gas Cylinder/Fire" issued by the North Municipal Corporation of Delhi

He alleged harassment by the Municipal Corporation of Delhi (MCD) and police despite compliance with CoV terms

Conversely, the MCD argued that the Petitioner was vending in a designated "No-vending zone" and presented photographic evidence showing the Petitioner using multiple gas cylinders and failing to maintain hygiene, thereby violating the terms of his provisional CoV

1. Whether the Petitioner is entitled to vend at a site designated as a "No-Vending/No-Hawking Zone"

2. What regulatory conditions must be imposed on the Petitioner to ensure his vending activities align with public safety and the terms of his Certificate of Vending

The Court primarily applied the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, specifically Section 21 regarding the role of the Town Vending Committee (TVC) in formulating vending plans

It also enforced the terms and conditions inherent in the provisional Certificate of Vending (CoV) issued to the Petitioner

The Court followed judicial precedents set in Mohd Badruddin v. Municipal Corporation of Delhi & Ors. and Rihana v. MCD & Ors. to maintain consistency in regulating street vending and public space management

The Court determined that the Petitioner’s right to vend is not absolute and cannot be exercised in a "No-Vending/No-Hawking Zone"

By reviewing evidence provided by the MCD, the Court found that the Petitioner had indeed violated his CoV conditions by operating in an unauthorized area, using multiple cylinders (increasing fire risk), and failing to maintain cleanliness

To balance the Petitioner's right to livelihood with public order, the Court directed his relocation to the Imdad Sabri Market—the only permitted vending area in that vicinity

The Court reasoned that imposing restrictions on the size of gas cylinders, prohibiting pedestrian obstruction, and barring permanent structures was necessary to ensure that vending does not compromise public safety or hygiene

The Court clarified that these directions are provisional and subject to any final plan formulated by the Town Vending Committee-II under Section 21 of the Street Vendors Act