Full Text
HIGH COURT OF DELHI
Date of Decision: 24th July, 2026
GOVERDHAN .....Petitioner
Through: Ms. Sanjay Baniwal and Ms. Manisha, Advs.
Through: Ms. Shivangi Kumar and Mr. Animesh Verma, Advs. for R-1/MCD. (M:
8743036748)
Mr. Vivek Nagar, GP.
Prathiba M. Singh, J. (Oral)
JUDGMENT
1. This hearing has been done through hybrid mode.
2. The Petitioner is a street vendor, who has been allowed to vend in terms of the provisional Certificate of Vending (CoV) bearing No.URI:5565112. His CoV is under the category of ‘others’. He is, however, vending at 13-UB, Bangalow Road, Jawahar Nagar, Kamla Nagar, Delhi (Kesav Puram, Ward – 78 -N*).
3. The case of the Petitioner is that he is not being permitted to vend in a peaceful manner and authorities continue to cause harassment. It is stated that the Petitioner had also submitted a representation dated 21st July, 2026 to the Municipal Corporation of Delhi in respect of the difficulties faced by him, however, no action has been taken in respect of the same.
4. The photographs of the Petitioner’s vend have been placed on record which are extracted below:-
5. Ms. Puja Kalra, ld. Counsel appearing for the MCD submits that Kamla Nagar area is a ‘No-Vending Zone’ and, therefore, the Petitioner cannot be permitted to vend in this area. She further submits that in Contempt Case being CONT.CAS(C) 1426/2022 titled Jawahar Nagar Block Welfare Association (Regd.) v. Union Territory of Delhi & Ors., a 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 ‘Non-Vending Areas’. The Petitioner is vending in a ‘No-Squatting Zone’ or ‘No-Vending Area’, which is not permissible. Further, the terms and conditions of the CoV have to be strictly adhered to and the same are extracted below:
7. Considering the category in which the Petitioner’s vending certificate has been issued, the Petitioner has to be a mobile vendor. The Petitioner would also have to adhere to all the terms and conditions of the vending certificate.
8. Considering the fact that the Petitioner is vending in a non-squatting zone, let the concerned Assistant Commissioner, MCD identify the area where the Petitioner can vend. The terms and conditions of the vending certificate shall be strictly adhered to. In addition, the following conditions shall be adhered:i) The Petitioner shall restrict himself to the area, where he is operating from, and shall not extend/encroach to the pedestrian areas or cause obstruction in movement of pedestrians. He shall operate as a mobile vendor; ii) The Petitioner shall also be obliged to maintain cleanliness and hygiene around the vend, which he is working from; iii) It shall be ensured that the Petitioner shall not create any third party interest in this provisional CoV and there shall be a bar on subletting or any handing over possession to any third party. iv) No permanent or temporary construction shall be carried out by the Petitioner.
9. Subject to the above, the Petitioner shall not be disturbed from carrying on the vending activities.
10. The above stated directions shall be subject to any plan which the Town Vending Committee–II may come 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 adhering to the above conditions, the Petitioner shall be allowed to continue with his vending activities.
12. Insofar as the representation of the Petitioner is concerned, the same shall be considered by the TVC-II after being constituted in accordance with law.
13. The present petition is disposed of in the said terms. Pending applications, if any, are also disposed of.
PRATHIBA M. SINGH JUDGE VIKAS MAHAJAN JUDGE JULY 24, 2026/dk/msh