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 Preparation (Goods)’
Source reference: p. 1-2The Petitioner alleged that despite holding a valid CoV, he was being harassed and prevented from peacefully vending at his designated site near Gate No. 1, Durga Bai Metro Station, Satya Niketan
Source reference: p. 2The MCD contended that the Petitioner is a mobile vendor and must strictly adhere to the terms of his CoV
Source reference: p. 3The Petitioner sought directions to allow him to vend without interference and for the consideration of his representation dated July 9, 2026
Source reference: p. 2Issues
1. Whether the Petitioner, as a holder of a Certificate of Vending, is entitled to carry out vending activities at a fixed location near a metro station entrance
Source reference: p. 32. Whether the Petitioner must adhere to specific conditions regarding mobility and public hygiene under the statutory scheme
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 and must not obstruct pedestrian or vehicular movement
Source reference: p. 3-4Reasoning
The Court observed that while the Petitioner holds a valid CoV, the location of his vend near a metro station gate could obstruct passenger movement
Source reference: p. 2-3Applying the terms of the CoV, the Court emphasized that Clause 11 explicitly defines the Petitioner as a "mobile vendor" who cannot remain stationary for more than 30 minutes
Source reference: p. 3To balance the Petitioner's right to livelihood with public order, the Court determined that the MCD must identify a specific area for the Petitioner to operate while ensuring he does not create permanent structures or encroach on pedestrian paths
Source reference: p. 4The Court clarified that any current directions are provisional and subject to the final master plan to be formulated by the Town Vending Committee-II under Section 21 of the 2014 Act
Source reference: p. 4-5Holding
The Court disposed of the petition by directing that the Petitioner shall not be disturbed from vending, provided he adheres to the CoV conditions
The Court ordered the Assistant Commissioner, MCD, to identify an operational area for the Petitioner within one week
Source reference: p. 4Holding that mobility is a prerequisite, the Court restrained the Petitioner from blocking metro station exits or creating traffic
Source reference: p. 5The Court directed that the Petitioner’s representation dated July 9, 2026, be decided by the TVC-II within three months of its constitution
Source reference: p. 5Original Court PDF
Dharmendra GuptavsMunicipal Corporation Of Delhi And Ors.
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