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HIGH COURT OF DELHI
Date of Decision: 27th July, 2026
RABINDRA NATH .....Petitioner
Through: Mr. Vipin Kumar, Mr. Aditya, Mr. Anjani Kr. Mishra, Ms. Pralika Chakraborty, Mr. Fareeduddin, Ms. Srejal Mishra, Advocates.
Through: Mr. Siddhant Nath (Standing Counsel MCD), with Mr. Amaan Khan, Advocate.
Ms. Vaishali Gupta (Panel counsel for GNCTD) and Ms. Aanchal Rajput, Advocate for R-3.
Ms. Shubhra Parashar and Mr. Virender Pratap Singh Charak, Advocates for R-5.
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 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., on the footpath/open space near M-71, M-Block Market, Greater Kailash-II, South Zone, Ward S-87, New Delhi.
3. The Petitioner, who is a street vendor has been issued a Certificate of Vending (hereinafter ‘CoV’) bearing no. URI No. 3835042 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. Ld. Counsel for the Petitioner submits that the Petitioner usually vends at a particular space. However, the said space has not been permanently allotted to the Petitioner, as a result of which, on most occasions, cars are parked at the said location, thereby preventing the Petitioner from vending at the said spot.
5. Mr. Siddhant Nath, ld. Standing Counsel for the MCD submits that the Petitioner is a mobile vendor and he has to comply with the terms and conditions of the CoV.
6. Heard ld. Counsels for the parties. A perusal of the CoV issued to the Petitioner would show that the same is in the category of ‘Food/Snacks without gas cylinder/fire’. The terms and conditions of the said CoV are as under:
7. The Petitioner has to be a mobile vendor in terms of Condition No. 11 of the CoV and, therefore, cannot claim any rights to particular geographical space or spot. Under these circumstances, it is clarified that the Petitioner shall operate as a mobile vendor. The Petitioner shall also abide by the following directions: i) 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; ii) No permanent or temporary construction shall also be erected by the Petitioner and no third party rights shall be created in the CoV; and
8. 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.
9. Subject to the above, the Petitioner shall not be disturbed from carrying out his vending activities.
10. The petition is disposed of in the above terms. Pending applications, if any, are also disposed of.
PRATHIBA M. SINGH JUDGE VIKAS MAHAJAN JUDGE JULY 27, 2026/MR/CK