Facts
The Petitioner, a street vendor holding a Certificate of Vending (COV) No. URI2404256, alleged harassment by the Municipal Corporation of Delhi (MCD) and Delhi Police while vending fruits at a designated site near Sanatan Dharam Mandir, Rajpur Road.
Source reference: para. 9, 2, 4The Petitioner sought directions to peacefully vend and the return of his seized cart and goods.
Source reference: p. 2The MCD contended that the Petitioner was vending in a "non-vending zone" at 33, Rajpur Road, leading to the seizure of his goods on 19.12.2025 and the initiation of proceedings to cancel his COV.
Source reference: para. 9Issues
1. Whether the Petitioner is entitled to vend at the disputed site based on his existing Certificate of Vending.
Source reference: para. 102. Whether the MCD and the Town Vending Committee (TVC) followed the statutory procedure under the Street Vendors Act regarding the seizure of goods and cancellation of the COV.
Source reference: para. 6, 9Law Applied
Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, which mandates specific procedures for the seizure of goods and the protection of vendors' livelihoods.
Source reference: para. 6Clause 5.1.2 of Chapter 5 of the TVC Policy, which stipulates that the processes of suspension or cancellation of a Certificate of Vending must be carried out exclusively by the Town Vending Committee (TVC).
Source reference: para. 9Reasoning
The Court observed that while the Petitioner holds a valid COV for Ward No. 83-N, City S.P. Zone, he is legally obligated to vend only within designated "vending areas" and cannot occupy non-vending zones.
Source reference: para. 9, 10The MCD’s status report confirmed that show-cause notices for cancellation of the COV were issued; however, under the TVC Policy, a final decision on cancellation can only be taken by the TVC, which was scheduled for reconstitution in July 2026.
Source reference: para. 9The Court reasoned that since the COV remains valid until formally cancelled by the competent authority (the TVC), the Petitioner should be provided an interim space to exercise his right to trade.
Source reference: para. 11Regarding the seized property, the Court noted the Petitioner's right to reclaim tools of trade upon payment of reasonable charges.
Source reference: para. 12Holding
The Assistant Commissioner, MCD, is directed to identify a specific space where the Petitioner can vend until the TVC takes a final decision regarding eviction or cancellation.
The Petitioner is permitted to retrieve his cart and belongings from the MCD within one week upon payment of reasonable charges.
Source reference: para. 12The Court held that the Petitioner's right to vend is subject to the conditions of the COV and the zoning regulations as determined by the TVC.
Source reference: para. 10Original Court PDF
Kanhaiya LalvsMunicipal Corporation Of Delhi And Ors
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