Surveyed street vendors must be issued provisional Certificates of Vending and protected from dispossession pending finalization of vending plans.

The Petitioner, Mr. Ompal, is a street vendor selling fruit juice at Rao Tularam Marg, Vasant Vihar, New Delhi

He participated in a survey conducted by the South Delhi Municipal Corporation (MCD) on July 9, 2025, and was issued an acknowledgement receipt (Survey Ref No. 9310)

The Petitioner approached the High Court seeking a direction to the Respondents to issue a Certificate of Vending (CoV) and to protect his right to vend from the specified site without harassment

1. Whether the Petitioner is entitled to a provisional Certificate of Vending and interim protection from displacement based on his participation in the official survey?

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

The Court also relied on the principle that vendors who have been surveyed are entitled to consideration for a Certificate of Vending (CoV) and protection from arbitrary eviction during the pendency of the certification process, subject to compliance with public order and hygiene standards

The Court examined the Petitioner’s records, noting the undisputed fact that he successfully participated in the MCD survey conducted in July 2025

By linking the survey acknowledgement to the statutory protections under the Street Vendors Act, 2014, the Court reasoned that the MCD is obligated to verify these details and issue a provisional CoV in accordance with the law

However, the Court balanced the Petitioner's right to vend with public interest by imposing restrictive conditions to ensure that the vending activity does not obstruct pedestrian movement, create filth, or result in permanent encroachments

The Court further clarified that such interim protection is not an absolute vested right and remains subject to the final vending plan formulated by the TVC-II

The Court held that until the CoV process is complete, the Petitioner shall not be disturbed from the vending site, provided he: (a) stays within the designated space without encroaching on pedestrian areas; (b) maintains cleanliness and uses a dustbin; and (c) refrains from erecting permanent or temporary structures

This order is subject to the future statutory vending plan of the TVC-II