Vending rights for certificate holders are protected subject to non-obstruction and cleanliness conditions pending final town vending plans.

The Petitioner, a street vendor holding a valid Certificate of Vending (CoV) under the category of ‘Food/Snack with gas cylinder/fire’ (URI: 6885904), sought directions against the Respondents to permit peaceful vending at Hansraj Gupta Road, Greater Kailash-I

The Petitioner alleged that local police hindered his operations and seized his vending cart despite his legal status

The matter follows similar precedents involving street vendors' rights in the South Zone of Delhi

1. Whether the Petitioner, as a certificate-holding street vendor, is entitled to protection against harassment and the return of his seized equipment by local authorities?

2. Whether the right to vend is subject to specific regulatory conditions regarding hygiene, space, and public passage?

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

It further relied on the judicial principles established in Rajendra Singh v. Commissioner of Police and Rihana v. MCD & Ors., which balance the livelihood rights of vendors with public order, safety, and hygiene through standardized restrictive conditions

The Court observed that the Petitioner possesses a valid CoV, which prima facie entitles him to vend in the designated area

However, the Court noted that this right is not absolute and must be balanced against the public’s right to unhindered movement on footpaths

By applying the logic from Rajendra Singh, the Court reasoned that the Petitioner could be allowed to operate provided he adheres to strict spatial limits (not encroaching on pedestrian areas), maintains a dustbin, and uses small/medium gas cylinders to minimize safety risks

The Court emphasized that these protections are interim and subject to the future statutory vending plans developed by the Town Vending Committee-II

The Petitioner is permitted to vend subject to six conditions: use of small/medium cylinders, no encroachment on pedestrian paths, mandatory maintenance of hygiene/dustbins, no sub-letting or third-party interests, no permanent construction, and compliance with all other CoV conditions except Clause 11

The holding clarified that no vested rights are created, and the arrangement is subject to the Town Vending Committee's eventual statutory plan