Surveyed street vendors must receive provisional Certificates of Vending within three months, subject to prescribed conditions.

The Petitioner claimed to be a street vendor operating from a designated site on Mall Road, near GD Birla Marg, Jasola Vihar, New Delhi.

A survey of street vendors was conducted by the Town Vending Committee (“TVC”) in 2021, in which the Petitioner participated, and he was issued survey acknowledgement slip No. URI 7074241 dated 24 March 2021.

The Petitioner’s name appeared in the Municipal Corporation of Delhi’s published list under the category “Food/Snack with gas cylinder/fire”.

He approached the High Court under Article 226 seeking permission to peacefully vend at the site and issuance of a provisional Certificate of Vending (“CoV”).

The MCD opposed the petition, contending that the Petitioner had approached the Court after approximately five years.

The Court noted that the delay was attributable to the non-constitution of TVC-II, although elections had since been held and the Committee was in the process of being constituted.

Whether the Petitioner, having participated in the 2021 survey and being listed as a food/snack vendor, was entitled to issuance of a provisional Certificate of Vending?

Whether the Petitioner’s vending activities should be protected pending constitution of TVC-II and issuance of the provisional CoV?

What conditions should govern the Petitioner’s vending activity, particularly in relation to use of a gas cylinder, pedestrian movement, hygiene, and non-creation of third-party rights?

The Court exercised its jurisdiction under Article 226 of the Constitution of India to issue appropriate directions concerning the Petitioner’s vending rights.

It applied Clause 1.2 of the GNCTD Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019, relied upon by the Petitioner, under which a provisional CoV is to be issued after completion of the survey within the prescribed period.

The Court also proceeded consistently with the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, including the statutory framework concerning vending plans under Section 21.

It followed the approach adopted in Rajendra Singh v. Commissioner of Police & Ors., W.P.(C) 15082/2025, order dated 2 February 2026; Mohd. Badruddin v. Municipal Corporation of Delhi & Ors., W.P.(C) 19391/2025, order dated 8 January 2026; and Rihana v. MCD & Ors., W.P.(C) 1609/2026, order dated 5 February 2026, concerning vendors in the “Food/Snack with gas cylinder/fire” category.

The provisional CoV remains subject to statutory, regulatory, public-health, hygiene, pedestrian-safety and anti-obstruction conditions, and does not create vested rights against a future vending plan.

The Court accepted that the Petitioner had undergone the 2021 survey and was included in the MCD’s list of eligible vendors, while recognising that the provisional CoV had not been issued within the contemplated period.

Although the MCD relied on the delay in approaching the Court, the Court attributed the administrative delay principally to the non-constitution of TVC-II, noting that its elections had taken place and constitution was underway.

Following its recent orders in comparable cases, the Court balanced the Petitioner’s livelihood interest with public safety and municipal regulation by permitting vending only subject to detailed conditions.

These included use of only a small gas cylinder, restriction to a space that would not obstruct pedestrians or vehicular traffic, maintenance of cleanliness and hygiene, provision of a dustbin, and prohibition on construction, subletting, transfer, or creation of third-party rights.

The protection was expressly made subject to any vending plan framed by TVC-II under Section 21 of the 2014 Act, with no vested rights accruing to the Petitioner.

Upon its constitution, TVC-II was directed to issue the Petitioner a provisional CoV, subject to fulfilment of all other requirements, within three months.

The Petitioner was required to comply with the sixteen general conditions governing the CoV and the additional conditions applicable to food/snack vendors using gas cylinders.

The directions remained subject to any vending plan subsequently framed by TVC-II, and no vested right was recognised.