Facts
The Petitioner, a street vendor, was issued a Certificate of Vending (CoV) by the Municipal Corporation of Delhi (MCD) under the category of ‘Food/Snacks without gas cylinder/fire’
Source reference: p. 1-2The Petitioner filed this writ petition under Article 226 of the Constitution of India alleging harassment by authorities, seizure of his cart/goods, and seeking directions to allow him to vend peacefully at a designated site near 9 F, Kamla Nagar, Delhi
Source reference: p. 2The MCD contended that the Petitioner violated CoV Condition No. 11 (mobile vending limits) and was squatting in Kamla Nagar, which is a designated 'No-Vending Zone' as per previous court orders in Jawahar Nagar Block Welfare Association v. UT of Delhi
Source reference: p. 2-3Issues
1. Whether a street vendor holding a 'Mobile Vendor' certificate can be permitted to carry out stationary vending activities in a designated ‘No-Vending/No-Squatting Zone’
Source reference: p. 3, para 62. Whether the Petitioner is entitled to the restoration of his seized vending cart and relocation to a permissible vending area
Source reference: p. 5, para 9 & 12Law Applied
Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, specifically Section 21 regarding the formulation of vending plans by the Town Vending Committee (TVC)
Source reference: p. 6, para 10Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019, and the mandatory conditions stipulated in the Certificate of Vending (CoV), particularly Condition 11, which restricts mobile vendors from staying in one spot for more than 30 minutes
Source reference: p. 4-5Judicial precedent set in Anil Kumar v. MCD, which identified Kamla Nagar as a ‘No-Vending Zone’
Source reference: p. 5, para 9Reasoning
The Court reasoned that while the Petitioner possesses a valid CoV, the right to vend is subject to the terms of the certificate and local zoning regulations.
Source reference: p. 5, para 7It observed that the Petitioner’s status as a ‘mobile vendor’ necessitates movement and prohibits stationary squatting.
Source reference: p. 5, para 7Since Kamla Nagar has been judicially recognized as a ‘No-Vending/No-Squatting Zone,’ the Petitioner cannot claim a right to vend there.
Source reference: p. 3, para 6The Court balanced the vendor's right to livelihood with public order by directing the MCD to identify an alternative permissible area, while emphasizing that vendors must adhere to hygiene, non-obstruction of traffic, and the mobile nature of their license.
Source reference: p. 5-6, para 9Holding
The Court disposed of the petition with the following directions: (i) The Assistant Commissioner, MCD, must identify a permissible vending area for the Petitioner within one week; (ii) The Petitioner must refrain from encroaching on pedestrian areas or entering 'No-Vending' zones; (iii) The Petitioner may retrieve his cart from the MCD office if it is in their possession; and (iv) The Petitioner's representation dated 16th July 2026 shall be decided by the TVC-II within three months of its constitution.
No permanent rights were created, as these directions remain subject to future plans formulated by the TVC.
Source reference: p. 6, para 10Original Court PDF
Ram PalvsMunicipal Corporation Of Delhi And Ors.
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