Ram Pal v. Municipal Corporation of Delhi

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner-Ram Pal 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 9 F, Kamla Nagar, Delhi (Kesav Puram, Ward- 78- N).

3. The Petitioner, who is a street vendor has been issued a Certificate of Vending (hereinafter ‘CoV’) bearing no. URI No. 4676881 by the Municipal Corporation of Delhi (hereinafter, ‘MCD’) in the category of ‘Food/Snacks without gas cylinder/fire’. The photograph of the vend of the Petitioner has been placed on record, which is extracted below:-

4. 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. Further, the prayer of the Petitioner is that the representation dated 16th July, 2026 made by the Petitioner be considered by the authorities. The grievance of the Petitioner is also that despite the CoV having been issued to the Petitioner, his cart and all the goods have been seized by the MCD.

5. Ms. Aarushi Tiku, ld. Counsel for the MCD submits that the Petitioner is not working as a mobile vendor and is in violation of Condition No. 11 of the CoV. Ld. Counsel for the MCD further submits that Kamla Nagar is a ‘No-Vending Zone’ and, therefore, the Petitioner cannot be permitted to vend in this area. Ld. Counsel for the MCD further submits that in CONT.CAS(C) 1426/2022 titled Jawahar Nagar Block Welfare Association (Regd.) v. Union Territory of Delhi & Ors., the ld. Single Judge of this Court, vide order dated 9th July, 2026 has passed the following directions.

6. This Court has repeatedly emphasised that vendors cannot vend or hawk in ‘No-Squatting Zone’ or ‘No-Vending Zone’. The Petitioner is clearly vending in ‘No-Squatting Zone’ or ‘No-Vending Zone’ which is not permissible. Terms and conditions of the CoV have to be strictly adhered to and the same are extracted below:

7. The Court has considered the matter. Clearly, considering the category in which the Petitioner’s CoV has been issued, the Petitioner has to be a mobile vendor.

8. This Court has recently considered a similar matter wherein a vendor namely, Mr. Anil Kumar was also vending in Kamla Nagar area and certain directions have been passed in W.P. (C) 7593/2026 titled Anil Kumar v. Municipal Corporation of Delhi and Ors.

9. Considering that the Kamla Nagar area is held to be a ‘No-Vending Zone’ and ‘Non-Squatting Zone’ as also the order dated 26th May, 2026 passed in Anil Kumar (Supra), the following directions are issued in the present case: i) The concerned Assistant Commissioner, MCD shall identify an area where the Petitioner can put up his vend within one week and communicate the same to the Petitioner; ii) The Petitioner shall restrict himself to the area, where he is operating from, and shall not move into No-Vending area. He shall also not extend/encroach to the pedestrian areas or cause obstruction in movement of pedestrians; iii) The Petitioner shall also be obliged to maintain cleanliness and hygiene around the vend, which he is working from and shall ensure the presence of a dustbin near the vend; and iv) No permanent or temporary construction shall also be erected by the Petitioner;

10. 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.

11. Subject to the above, the Petitioner shall not be disturbed from carrying out his vending activities.