Full Text
HIGH COURT OF DELHI
Date of Decision: 24th July, 2026
SHABBIR KHAN .....Petitioner
Through: Mr. Sanjay Baniwal and Ms. Manisha, Advocates.
Through: Ms. Meherunnisa A. Jaitley and Mr. Aryan Tyagi, Advocates for R1.
(M) 9717100486 Mr. Ashish Goyal, SPC with Ms. Sakshi Raghav, Govt. Pleader and Dr. Anurag Singhal, Advocate for R2 and
R3. (M) 9811029221.
Prathiba M. Singh, J. (Oral)
JUDGMENT
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner -Shabbir Khan under Article 226 of the Constitution of India, inter alia, seeking directions to the Respondents to allow the Petitioner to peacefully vend from the designated site i.e., near Moti Bagh Gurudwara, Nanakpura, Foot Over Bridge, New Delhi - 110021, South/Vasant Vihar.
3. The Petitioner, who is a street vendor has been issued a Certificate of Vending (hereinafter ‘CoV’) bearing no. URI No. 009420 by the Municipal Corporation of Delhi (hereinafter, ‘MCD’) in the category of ‘Others (Goods)’. The Petitioner is a person suffering from 80% locomotor disability, in view of amputation of his left upper limb. The photograph of the vend of the Petitioner has been placed on record, which is extracted below:-
4. The Petitioner is running a mobile cart selling packaged food items and daily commodities in the Satya Niketan/Vasant Vihar area. The case of the Petitioner is that he is not being allowed to peacefully vend and thus, the prayer is for stopping the harassment which the Petitioner is facing.
5. Ms. Meherunnisa A. Jaitley, ld. Counsel for the MCD submits that the cart of the Petitioner has been put up in a busy main road in Satya Niketan/Vasant Vihar where many commuters tend to stop to buy some food items. This results in traffic congestion and traffic jams in the main road. Ld. Counsel for the MCD submits that Assistant commissioner, MCD would identify the place in the vicinity itself, where the Petitioner can put up the cart.
6. Considering the submissions made on behalf of the parties, it is directed as under:
(i) The concerned Assistant Commissioner, MCD shall identify a spot/space where the Petitioner can put up his vend without creating any traffic congestion within one week and communicate the same to the Petitioner;
(ii) The Petitioner shall comply with the terms and conditions of the
CoV. The said terms and conditions read as under:
7. The above stated directions shall be subject to any plan which the Town Vending Committee–II may be coming up with in terms of Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and no vested rights shall be claimed.
8. Subject to the above, the Petitioner shall not be disturbed from carrying out his vending activities.
9. The S.H.O. of the concerned area shall continue to monitor the vend of the Petitioner to ensure that the Petitioner does not start vending on the main road under the footover bridge.
10. A copy of this order be communicated to Mr. Ritesh Kumar Bahri, ld. APP by the Registry for necessary information and compliance.
11. Petition is disposed of in the above terms. Pending applications, if any, are also disposed of.
PRATHIBA M. SINGH JUDGE VIKAS MAHAJAN JUDGE JULY 24, 2026/jg/Ck