Facts
The Petitioner, a street vendor holding a Certificate of Vending (CoV) issued by the Municipal Corporation of Delhi (MCD), approached the High Court seeking directions to allow him to peacefully vend clothes at a designated site near Spark Mall, Kamla Nagar
Source reference: p. 1-2The Petitioner alleged harassment by authorities despite possessing a valid CoV
Source reference: p. 2The Respondent (MCD) contended that the site in question is a "No-Vending Zone" and cited a recent judicial order in Jawahar Nagar Block Welfare Association (Regd.) v. Union Territory of Delhi & Ors., which directed the police to ensure the area remains free of unauthorized encroachers
Source reference: p. 2-3Issues
1. Whether a street vendor possessing a Certificate of Vending is entitled to carry out vending activities in a designated "No-Vending Zone" or "No-Squatting Zone."
Source reference: p. 32. Whether the court can direct the MCD to provide an alternative vending site to a licensed vendor displaced from a "No-Vending Zone."
Source reference: p. 5Law Applied
Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, specifically Section 21 regarding the formulation of a vending plan by the Town Vending Committee (TVC)
Source reference: p. 5Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019, and the standard terms and conditions of the Certificate of Vending (CoV), which mandate that vendors must adhere to designated zones and periods determined by the local body and must not cause hindrance to pedestrian movement
Source reference: p. 3-4Anil Kumar v. Municipal Corporation of Delhi and Ors., W.P. (C) 7593/2026
Source reference: p. 4-5Reasoning
The Court observed that while the Petitioner holds a valid CoV, the terms of the certificate strictly prohibit vending in "No-Squatting" or "No-Vending" zones
Source reference: para. 6It was determined that Kamla Nagar is a prohibited area for vending as per previous judicial orders and MCD regulations
Source reference: p. 3The Court reasoned that since the Petitioner is a legitimate certificate holder, the MCD has an obligation to identify a permissible area for his activities
Source reference: para. 8The Court emphasized that this arrangement is interim and subject to the final plan to be framed by the Town Vending Committee-II under Section 21 of the Act
Source reference: para. 9Holding
The Court held that the Petitioner cannot vend in the prohibited Kamla Nagar area but is entitled to an alternative site.
The Court directed the Assistant Commissioner, MCD, to identify an alternative vending area for the Petitioner within one week
Source reference: p. 5The Court further directed that the Petitioner’s representation dated 16th July 2026 be decided by the TVC-II within three months of its constitution
Source reference: p. 6The petition was disposed of with the caveat that no vested rights are created beyond the forthcoming TVC plan
Source reference: p. 5-6Original Court PDF
Sanjay Kumar SahvsMunicipal Corporation Of Delhi And Ors.
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