Vending may continue pending legal-heir substitution, subject to prescribed conditions and Town Vending Committee determination.

The Petitioner claimed to be the daughter and sole surviving legal heir of Late Shri Jagat Singh, to whom NDMC had allotted Tehbazari Site No. N-132, Gurudwara Bangla Sahib, measuring approximately 4 × 3 feet.

Jagat Singh died on 8 October 1999, after which the Petitioner claimed to have continued vending from the site.

She submitted a representation dated 23 September 2022 seeking substitution or transfer of the Tehbazari in her name.

The representation remained pending because matters concerning legal-heir substitution were to be considered by the competent Town Vending Committee (“TVC”) after completion of the survey process.

The Petitioner participated in the survey under Survey ID No. V2025200811, but was found ineligible for a provisional Certificate of Vending (“CoV”) on account of deficient documentation, which she failed to rectify despite being given an opportunity.

She alleged that she was being prevented from peacefully vending at the site.

Whether the Petitioner was entitled to substitution or transfer of Tehbazari Site No. N-132 in her name as the legal heir of the original allottee.

Whether the Petitioner was entitled to issuance of a provisional Certificate of Vending despite deficiencies in her supporting documentation.

Whether the Petitioner should be permitted to continue vending pending consideration of her claim by the competent TVC.

The Court applied the statutory and regulatory framework governing street vending, principally the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019.

The Court recognised that the competent TVC was required to consider claims for substitution or transfer based on legal heirship and applications for provisional CoVs in accordance with the applicable statute, Rules and Scheme.

The Court also referred to the proposed Town Vending Plan under Section 21 of the 2014 Act, making its directions subject to the plan formulated by TVC-II.

Pending such determination, vending could be permitted subject to the standard conditions applicable to CoV holders, including compliance with the prescribed vending zone, hygiene, safety, pedestrian movement, non-transferability and prohibition against permanent or temporary construction.

The Court found that the original Tehbazari site and the Petitioner’s relationship with the original allottee were supported by the available record, but held that the pending representation did not itself amount to an order transferring the site or confer an unconditional right to vend.

Since the survey had been completed and the Petitioner had participated in it, her claims for legal-heir substitution and a provisional CoV were directed to be considered by TVC-II after its constitution.

The Court identified three matters requiring compliance: the vend had to conform to the standard size of 6 × 4 feet; the deficient documentation had to be completed; and, if other legal heirs existed, their no-objection affidavits might be required.

Although the Petitioner had not qualified for a provisional CoV because of insufficient documentation, the Court granted interim protection to allow her to vend subject to the standard CoV conditions and without creating any vested right.

It permitted the Petitioner to vend in the meantime, subject to the standard CoV conditions and the requirement that the vend not exceed 6 × 4 feet.

The Petitioner was directed to complete and submit the deficient documentation, including no-objection affidavits from other legal heirs, if any, to NDMC within one month.

Upon constitution of TVC-II, the Petitioner’s request for substitution of the Tehbazari and issuance of a provisional CoV was to be decided within three months.

These directions were made subject to the Town Vending Plan under Section 21 of the 2014 Act, and no vested rights were to be claimed.

The petition and pending applications were accordingly disposed of.