Delhi High Court

Street vendors with valid certificates are protected from disturbance subject to strict operational and spatial compliance.

Sondevi vs Municipal Corporation Of Delhi And Ors

Delhi High CourtJUDGMENT: March 27, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Petitioner, Mrs. Sondevi, is a street vendor who has been operating at a vending site opposite the MTNL Exchange Office in the Tughalakabad Institutional Area for several years

Source reference: p. 1-2, para 2-3

She was issued a Certificate of Vending (CoV) (URI No. 2192156) by the South Municipal Corporation of Delhi (Central Zone, Ward S-82) under the category "Food/Snack with Gas Cylinder/Fire"

Source reference: p. 2, para 3

The Petitioner approached the High Court seeking directions to prevent alleged continuous harassment by officials from the Municipal Corporation of Delhi (MCD) and Delhi Police, and to be allowed to vend peacefully at her designated site

Source reference: p. 2, para 4
02

Issues

1. Whether the Petitioner is entitled to protection from displacement and harassment at the vending site based on her Certificate of Vending

Source reference: p. 2-3, para 6-8

2. Whether specific conditions should be imposed on the Petitioner’s vending activities to balance her right to livelihood with public order and safety

Source reference: p. 3, para 7
03

Law Applied

The Court primarily relied on the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, specifically Section 21, which mandates the formulation of a vending plan by the Town Vending Committee (TVC)

Source reference: p. 4, para 9

The Court also applied judicial precedents from similar matters, including Mohd Badruddin v. Municipal Corporation of Delhi & Ors., Rajendra Singh v. Commissioner of Police and Ors., and Rihana v. MCD & Ors.

Source reference: p. 3, para 6
04

Reasoning

The Court examined the Petitioner’s status as a certified vendor under the "Food/Snack with Gas Cylinder/Fire" category

Source reference: p. 2, para 3

Applying the logic of previous decisions in similar cases, the Court determined that the Petitioner should be allowed to continue her livelihood provided she adheres to strict safety and regulatory guidelines

Source reference: p. 3, para 6-7

The Court specifically addressed the use of fire/gas cylinders by exempting her from Condition No. 11 of her CoV (which typically restricts such use), provided she uses only a small-sized cylinder for heating to minimize the spatial footprint

Source reference: p. 3, para 7(i) & (iv)

The Court emphasized that while the Petitioner has a right to vend, she cannot encroach upon pedestrian areas, must maintain hygiene, and cannot create third-party interests or permanent structures

Source reference: p. 3, para 7

This reasoning balances the Petitioner's statutory protections under the 2014 Act against the MCD’s duty to maintain public spaces.

Source reference: no citation
05

Holding

The Court disposed of the petition by granting the Petitioner permission to vend at the site subject to six conditions: (i) use of only small gas cylinders, (ii) no encroachment on pedestrian areas, (iii) maintenance of cleanliness and a dustbin, (iv) exemption from CoV Condition 11 while complying with all others, (v) prohibition on sub-letting or third-party interests, and (vi) prohibition on permanent or temporary construction

The Court held that the Petitioner shall not be disturbed if she adheres to these conditions, though the MCD may take action for any violations

Source reference: p. 4, para 8

These directions are provisional and subject to any future vending plans formulated by the Town Vending Committee-II under Section 21 of the Street Vendors Act

Source reference: p. 4, para 9
Delhi High Court

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SondevivsMunicipal Corporation Of Delhi And Ors

Delhi High Court · March 27, 2026

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