Delhi High Court

Street vendors must strictly adhere to Certificate of Vending conditions and mobile vending status without obstructing public movement.

Greesh vs Municipal Corporation Of Delhi And Ors.

Delhi High CourtJUDGMENT: July 24, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 1-2

The 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. 3

Photographic evidence showed the Petitioner’s cart positioned outside a metro station, potentially obstructing commuter movement

Source reference: p. 2-3
02

Issues

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. 2-3

2. 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. 3-4
03

Law 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. 4-5

Delhi 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. 3-4
04

Reasoning

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. 3

The 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. 3-4

By 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. 4-5

Use of gas cylinders and stationary vending were noted as violations of the "mobile vendor" status

Source reference: p. 3
05

Holding

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. 4

It 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. 4-5

These directions are subject to future plans formulated by the Town Vending Committee-II under Section 21 of the Act

Source reference: p. 4
Delhi High Court

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GreeshvsMunicipal Corporation Of Delhi And Ors.

Delhi High Court · July 24, 2026

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