Facts
The petitioner sold snacks and packaged water from a cart near Sarai Kale Khan Metro Station.
Source reference: p. 1Her late husband held a provisional Certificate of Vending (CoV) for the Central Zone, Ward S-56.
Source reference: p. 1After his death on 3 September 2024, she applied on 19 August 2026 to have the provisional CoV transferred to her name.
Source reference: p. 1She sought permission to continue vending while that application was pending; the MCD submitted that the Town Vending Committee (TVC) had jurisdiction over the transfer.
Source reference: p. 1–3Issues
Whether the petitioner, as the spouse of a deceased provisional CoV holder, could continue vending pending consideration of her application to transfer the CoV.
Source reference: p. 2–4Whether the petitioner’s transfer application should be considered by the TVC.
Source reference: p. 2–4Law Applied
Section 5(2) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 provides that, upon the death, permanent disability, or illness of a CoV holder, the spouse may vend in the holder’s place until the CoV expires.
Source reference: p. 3Clauses 2.1.2 and 2.1.12 of the 2016 Scheme make a CoV non-transferable except in specified circumstances, including the vendor’s death, and permit legal heirs to apply to the TVC for transfer, subject to the stated conditions.
Source reference: p. 3–4The Court read these provisions together to treat the spouse as a legal heir eligible to continue the vending business.
Source reference: p. 4Reasoning
The petitioner produced her husband’s provisional CoV and death certificate.
Source reference: p. 3–5Applying Section 5(2) and the 2016 Scheme, the Court concluded that a spouse may continue vending after the CoV holder’s death and may seek transfer of the CoV as a legal heir.
Source reference: p. 3–5Because TVC-2 was in the process of being constituted, the Court directed that the transfer application be considered by that committee once constituted, while permitting the petitioner to vend in the meantime subject to the provisional CoV conditions.
Source reference: p. 3–5Holding
The Court permitted the petitioner to continue vending in accordance with the provisional CoV conditions and directed TVC-2 to consider her 19 August 2026 representation within three months after the committee is constituted, subject to her completing all formalities.
The petitioner was not to be disturbed from vending, and the petition and pending applications were disposed of accordingly.
Source reference: p. 5Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 20141
Original Court PDF
Sushila DevivsMunicipal Corporation Of Delhi And Ors
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