Facts
The Petitioners, Mr. Dinesh and Mr. Naresh Kumar Ram, are street vendors who participated in a survey conducted by the Municipal Corporation of Delhi (MCD) for the purpose of formalizing street vending
Source reference: para. 3They approached the High Court seeking the issuance of Certificates of Vending (CoV) and protection against being disturbed from their respective sites
Source reference: para. 2They provided survey registration receipts (Nos. 49711 and 8208) and photographic evidence of their vends to the Court
Source reference: paras. 4-5The MCD stated that the Petitioners' documents were currently under verification
Source reference: para. 6Issues
1. Whether the Petitioners are entitled to remain at their vending sites pending the verification and issuance of the Certificate of Vending by the MCD?
Source reference: para. 72. What conditions and safety regulations must be imposed on vendors using gas cylinders and occupying public spaces during the interim period?
Source reference: para. 7(iii)Law Applied
Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, particularly Section 21, which pertains to the formulation of a vending plan by the Town Vending Committee (TVC)
Source reference: para. 8Judicial precedents set in Rajendra Singh v. Commissioner of Police and Ors. (W.P.(C) 15082/2025) and Rihana v. MCD & Ors. (W.P.(C) 1609/2026), which established standardized interim protective conditions for street vendors pending the finalization of their CoVs
Source reference: para. 7(iii)Reasoning
The Court observed that since the Petitioners had already participated in the official survey and their vends did not appear to violate general vending terms, they were entitled to interim protection
Source reference: para. 7The Court balanced the right to livelihood with public safety and order. It determined that the use of gas cylinders required strict regulation (size limits) to ensure safety and prevent excessive occupation of space
Source reference: para. 7(iii)(a)The Court reasoned that while the vendors should not be disturbed, they must not encroach upon pedestrian areas, must maintain hygiene, and cannot create third-party interests or permanent structures, as these actions would impede the future statutory vending plan to be developed by the TVC-II under the Act
Source reference: paras. 7-8Holding
The Court disposed of the petition by directing the MCD to verify the Petitioners' documents and issue CoVs in due course.
The Court held that until the CoV is issued, the Petitioners shall not be disturbed provided they adhere to specific conditions: using only small/medium gas cylinders, not obstructing pedestrians, maintaining a dustbin and cleanliness, and refraining from sub-letting or permanent construction. Notably, the Court exempted them from the requirement to move every 30 minutes in the interim. These directions remain subject to the future plan of the Town Vending Committee-II
Source reference: paras. 7-8Original Court PDF
Dinesh And Anr.vsMunicipal Corporation Of Delhi
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