Street vendors must strictly adhere to the specific terms and conditions stipulated in their Certificate of Vending.

The Petitioner, a street vendor holding a Certificate of Vending (CoV) URI No. 9463924, sought directions to peacefully vend at his designated spot near Kashmere Gate Metro Station

His CoV restricts him to the category of "Food/Snack without gas cylinder/fire"

The Respondent (MCD) contended that the Petitioner was violating his CoV by using two gas cylinders, occupying excessive space, and operating in a non-vending zone

Delhi Police also noted various allegations made against them by the Petitioner

1. Whether the Petitioner is entitled to protection against harassment and removal from his vending site despite alleged violations of the terms of his Certificate of Vending?

2. Whether the Petitioner can be permitted to use gas cylinders or fire for his vending activities under the current CoV category?

The Court applied the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, specifically Section 21, which pertains to the formulation of vending plans by the Town Vending Committee (TVC)

The Court also relied on the contractual and regulatory terms of the Certificate of Vending (CoV), which defines the permissible category of vending (e.g., "without gas cylinder/fire") and prohibits unauthorized site usage or creation of third-party interests

The Court balances the Petitioner’s right to vend with the regulatory requirements of the MCD. Upon reviewing photographic evidence, the Court noted that the Petitioner’s use of gas cylinders was in "complete contravention" of his CoV terms

Consequently, the Court determined that the Petitioner cannot claim an absolute right to remain at a specific spot if it falls within a non-vending zone or if the vending manner violates safety and health terms

The Court shifted the burden of site identification to the Assistant Commissioner, MCD, to ensure the Petitioner vends in a permissible area, while simultaneously binding the Petitioner to strict adherence to the "no fire" condition and hygiene standards

The Petitioner is ordered to: (i) move to the identified spot and avoid no-vending zones; (ii) strictly refrain from using gas cylinders or fire; (iii) not create third-party interests or sub-let the spot; (iv) refrain from erecting permanent or temporary structures; and (v) maintain cleanliness

These directions are interim and subject to the final vending plan formulated by the Town Vending Committee-II under Section 21 of the Act, 2014. The Petitioner shall not be disturbed so long as he complies with these conditions