Full Text
HIGH COURT OF DELHI
Date of Decision: 24th July, 2026
GREESH .....Petitioner
Through: Mr. Sanjay Baniwal and Ms. Manisha, Advocates.
Through: Ms. Namrata Mukim, Standing Counsel for MCD.
Mr. Sanjeev Sabharwal for UOI/ SHO Respondent no. 3.
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 -Greesh 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 Satya Niketan, Durga Bai, Deshmukh Chowk, Gate No. 01.
3. The Petitioner, who is a street vendor has been issued a Certificate of Vending (hereinafter ‘CoV’) bearing no. URI No. 013745 by the Municipal Corporation of Delhi (hereinafter, ‘MCD’) in the category of ‘Food/Snacks Preparation (Goods)’.
4. The photographs of the Petitioner’s vend has been placed on record which is extracted below:-
5. 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.
6. Ms. Namrata Mukim, ld. Counsel for the MCD submits that the Petitioner is also using a gas cylinder which is not permissible and that the Petitioner has to be a mobile vendor. Ld. Counsel for the MCD submits that the Petitioner would have to adhere to all the terms and conditions of the CoV.
7. The Court has considered the matter. The photograph above would show that the Petitioner’s cart is just outside the metro station. It would also create obstruction for the entry and exit of passengers and commuters to the metro station. The terms and conditions of the CoV have to be strictly adhered to by the Petitioner. The same are extracted below:
8. In view of the submissions made on behalf of the parties and the orders passed by this Court in similar matters, the following further conditions are imposed upon Petitioner: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 particular area, where he is operating from, and shall 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; iv) No permanent or temporary construction shall be carried out by the Petitioner.
9. 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.
10. The Petitioner shall adhere to the terms and conditions of the CoV and operate as a mobile vendor and shall not in any manner block the entry or exit of the metro station or create any traffic outside the metro station.
11. Subject to the above, the Petitioner shall not be disturbed from carrying out his vending activities.
12. Petition is disposed of. All pending applications, if any, are also disposed of.
PRATHIBA M. SINGH JUDGE VIKAS MAHAJAN JUDGE JULY 24, 2026/MR/CK