Full Text
HIGH COURT OF DELHI
Date of Decision: 29th May, 2026
KHATOON NISHA .....Petitioner
Through: Mr. Dipak Raj, Advocate.
Through: Mr. Tarveen Singh Nanda, Mr. Ankur Mishra, Mr. Gaurav Aggarwal & Mr. Gurpreet Singh, Advs. for DCB.
Ms. Vaishali Gupta, Adv [Panel Counsel (Civil) GNCTD]. For R-5.
Ms. Urvi Mohan, Advocate.
JUDGMENT
1. This hearing has been done through hybrid mode.
2. The present petition has been filed, inter alia, seeking direction to Respondents to include the name of the Petitioner in the list of eligible street vendors in accordance with the Street Vendors Act, 2014 and the Delhi Street Vendors Scheme, 2019.
3. The case of the Petitioner is that she has been vending near Delhi Cantonment Metro Station Gate No. 1, Mahatma Gandhi Marg, Delhi Cantonment Board, and has three challans issued prior to the commencement of survey on 27th October, 2023. It is stated that in terms of the minutes of meeting dated 15th January, 2026 of the Town Vending Committee, such vendors who have three challans prior to 27th October, 2023 shall be considered for inclusion in the list of street vendors.
4. The Petitioner is also stated to have sent a representation to the Town Vending Committee, Delhi Cantonment Board on 8th May, 2026 for conducting a survey of the Petitioner and including her in the list of street vendors. However, despite the above position, the Petitioner is aggrieved by her exclusion from the survey.
5. Heard ld. Counsels for the parties. In a long process of finalising the list of authorised vendors, the Delhi Cantonment Board had taken a policy decision in its Resolution No. 3 dated 27th January, 2026 wherein it was decided as under: “The TVC after lengthy deliberation resolved that vendors who are able to produce at least 03 challans, issued by Delhi Cantonment Board, before the date of commencement of survey i.e. 27.10.2023 shall be considered to be included in the list of street vendors subject to the holding capacity finalized by the TVC. The TVC further directed the Revenue Superintendent to examine the representations of the vendors, as brought out on the agenda site, in the light of the criteria fixed today by this TVC and to submit a report in the next meeting of TVC for consideration and decision.”
6. Perusal of the above decision taken by the Delhi Cantonment Board would show that the TVC had deliberated the matter at length and decided that only vendors who were able to produce at least three challans issued by the Delhi Cantonment Board prior to the date of commencement of survey ie 27th October, 2023 would be entitled to be included in the list of the street vendors. The above list would also be subject to the holding capacity which the TVC wants to finalise.
7. These Minutes of the meeting held on 15th January, 2026 have been considered by this Court in a number of petitions and the Delhi Cantonment Board was directed to take a decision on the basis of the said Minutes, in respect of various vendors who had approached this Court.
8. In W.P.(C) 17785/2025 titled ‘Gyan Chand v. Delhi Cantonment Board & Ors.’, vide order dated 2nd April, 2026, this Court directed as under:
8. Accordingly, in terms of the minutes of meeting dated 15th January, 2026, let the case of the Petitioner be examined by the Delhi Cantonment Board and the decision be communicated to the Petitioner within a period of one month from today.
9. The petition is disposed of in these terms. Pending applications, if any, are also disposed of.”
9. Further, a perusal of the minutes of meeting dated 15th January, 2026 of the Delhi Cantonment Board would show that in the said minutes, the resolution which has been passed, is extracted below: “Resolution No. 1 & 2: […] (8) The TVC further resolved that the holder of temporary vending certificate shall not be evicted from the vending site till the finalisation of vending zones and issuance of vending certificate. However, if there is any violation by these vendors then process should be initiated to cancel the temporary vending certificate. […] Resolution No. 3: […] The TVC after lengthy deliberation resolved that vendors who are able to produce at least 03 challans. issued by Delhi Cantonment Board, before the date of commencement of survey i.e. 27.10.2023 shall be considered to be included in the list of street vendors subject to the holding capacity finalized by the TVC. The TVC further directed the Revenue Superintendent to examine the representations of the vendors, as brought out on the agenda site, in the light of the criteria fixed today by this TVC and to submit a report in the next meeting of TVC for consideration and decision.”
10. It is clear from the above, vendors who are able to produce at least three challans issued by the Delhi Cantonment Board prior to 27thOctober, 2023 shall be considered for inclusion in the list of street vendors. In addition, the representations of the concerned vendors are to be examined on the basis of the said requirement.
11. In the present case, there are some challans which have been filed by the Petitioner that are prior to 2023 i.e., 21stSeptember, 2015, and 18thJune, 2019. The case of the Petitioner is that he has not been allowed to vend at the concerned site. The Cantonment Board has already taken a decision vide Minutes of Meeting dated 15th January 2026 to the effect that those persons who have challans prior to 27th October 2023 shall not be disturbed and that their cases shall be verified and a decision shall be taken.
12. Considering the order dated 25thFebruary, 2026 passed in similar matters including Danveer Yadav (supra), let the case of the Petitioner be also examined by the TVC/Delhi Cantonment Board and the decision be communicated within a period of one month.”
9. Thereafter, on 22nd May, 2026, the Court had considered a batch of matters, being W.P.(C) 7270/2026 titled Dinesh v. Delhi Cantonment Board & Ors. & other connected matters, wherein the Court noted that pursuant to various orders passed by this Court, the TVC had undertaken a detailed exercise by which the challans of the vendors have been scrutinised and after scrutiny, the vendors who were able to produce three challans prior to 27th October, 2023 were included in the list of vendors. Those vendors who could not produce challans prior to 2023 or furnished insufficient number of challans have been rejected.
10. Accordingly, on 22nd May 2026, the Court had passed the following order in W.P.(C) 7270/2026 titled Dinesh v. Delhi Cantonment Board & Ors. & other connected matters:
11. In light of the facts discussed above and previous orders passed by this Court, since the survey of Delhi Cantonment Board has already been completed and the list of authorized vendors has been drawn up by the Board, this Court is of the view that the Petitioner has approached the Court extremely belatedly and at this stage, the survey cannot be reopened.
12. However, after the TVC finalises the vending plan and if there is any excess capacity available, these Petitioners who claim to have three challans and produced the same belatedly, can be considered as part of the next survey.
13. In the meantime, the representation made by the Petitioner shall be considered by the Town Vending Committee and be disposed of in accordance with law bearing in mind the past minutes of the meeting, including those dated 15th January, 2026.
14. The petition is disposed of in these terms. Pending applications, if any, are also disposed of.
PRATHIBA M. SINGH JUDGE MADHU JAIN JUDGE MAY 29, 2026/MR/msh