Facts
The Petitioner, a street vendor holding a Certificate of Vending (CoV) No. URI 013745 for "Food/Snacks Preparation," filed a petition under Article 226 of the Constitution alleging harassment and seeking directions to allow him to vend peacefully at a designated site near Satya Niketan, Durga Bai Deshmukh Chowk, Gate No. 01
Source reference: p. 1-2The Municipal Corporation of Delhi (MCD) contended that the Petitioner was violating CoV terms by using a gas cylinder and failing to operate as a mobile vendor
Source reference: p. 3Photographic evidence showed the Petitioner’s cart positioned outside a metro station, potentially obstructing commuter movement
Source reference: p. 2-3Issues
1. Whether the Petitioner is entitled to protection from harassment while vending at the specific site near the metro station Gate No. 01
Source reference: p. 2-32. Whether the Petitioner must strictly adhere to the "mobile vendor" conditions and other safety restrictions specified in the Certificate of Vending (CoV)
Source reference: p. 3-4Law Applied
Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, specifically Section 21 regarding the authority of the Town Vending Committee (TVC) to frame vending plans
Source reference: p. 4-5Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019, and the specific terms and conditions stipulated in the Certificate of Vending (CoV), which mandate that mobile vendors shall not stay at one place for more than 30 minutes, must not block footpaths/roads, and must maintain hygiene
Source reference: p. 3-4Reasoning
The Court observed that while the Petitioner holds a valid CoV, his current location outside the metro station creates a public obstruction
Source reference: p. 3The Court reasoned that the right to vend is not absolute and is subject to the strict conditions of the CoV, including the prohibition on permanent structures and the requirement to maintain pedestrian flow
Source reference: p. 3-4By reconciling the Petitioner’s right to livelihood with public safety, the Court determined that the MCD must identify a specific area for the Petitioner to ensure he does not encroach on pedestrian zones or block metro entry/exit points
Source reference: p. 4-5Use of gas cylinders and stationary vending were noted as violations of the "mobile vendor" status
Source reference: p. 3Holding
The Court disposed of the petition by granting a qualified protection: the Petitioner shall not be disturbed from vending provided he adheres to the CoV terms
The Court ordered the Assistant Commissioner, MCD, to identify a specific operating area for the Petitioner within one week
Source reference: p. 4It held that the Petitioner must operate as a mobile vendor, ensure no obstruction to traffic or metro commuters, maintain a dustbin, and refrain from any permanent or temporary construction
Source reference: p. 4-5These directions are subject to future plans formulated by the Town Vending Committee-II under Section 21 of the Act
Source reference: p. 4Original Court PDF
GreeshvsMunicipal Corporation Of Delhi And Ors.
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