Kanhaiya Lal v. Municipal Corporation of Delhi

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner - Kanhaiya Lal 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 at Rajpur Road near Sanatan Dharam Mandir, opposite Transport Authority, Civil Lines, Delhi (hereinafter, ‘designated site’)

3. The Petitioner also seeks directions to the Municipal Corporation of Delhi (hereinafter, 'MCD') to restore and return Petitioner's cart and goods seized from him.

4. The grievance of the Petitioner is that he is a street vendor who has been selling fruits from a small cart at the designated site. However, he is repeatedly being harassed by the concerned officials of the MCD and Delhi Police.

5. Further, it is also the case of the Petitioner that sometime in December, 2025, Petitioner’s cart was also taken and the same was not returned by the concerned officials of the MCD and Delhi Police.

6. The case of the petitioner is that the MCD ought to have followed the procedure prescribed under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 whenever they seek to seize perishable items.

7. Notice was issued in this writ petition on 24th April, 2026 and on the same date, the ld. Counsel for MCD had submitted that the Petitioner was vending in a non-vending zone.

8. The Petitioner was also directed to place on record the photographs of his vend. However, no photographs have been placed on record till date.

9. MCD has filed a short status report, as per which according to the MCD, the Petitioner was vending in a non-vending zone and thus, proceedings have been initiated for cancellation of his Certificate of Vending. The status report of the MCD reads as under: “3. That it is respectfully submitted that as per the record, the petitioner has been issued a COV bearing no.URI2404256 dated 07.11.2021 for category of others with permission to vend in the Ward no.83-N City S.P. Zone (now ward no.73) only in vending areas. During the drive conducted by the respondent with the officials of the Health Department, City SP Zone on 19.12.2025 the petitioner was found to be vending in a non vending/non-squatting i.e. 33, Rajpur Road, near Sanatan Dharam Mandir, Civil Lines, Delhi-110054. Accordingly, in terms of the violation of COV issued to the petitioner his goods were seized by the Health Department.

4. That it is submitted that thereafter, the petitioner had submitted various representation dated 16.03.2026, 07.05.2026 and lastly on 04.06.2026 wherein he had alleged harassment by the officials and also requested to release his sized goods. However, as a file was possessed by the Health Department for immediate cancellation of the COV of the petitioner, accordingly on 06.04.2026 the matter was processed for cancellation and a cause notice dated 05.05.2026 was issued to the petitioner. In response thereto the petitioner submitted his reply dated 07.05.2026 and considering his reply opportunity of personal hearing was granted to him. The hearing was concluded on 29.05.2026 and now the matter is being submitted to competent authority for taking appropriate decision in the matter.

5. That it is further pertinent to mention herein that as per Clause 5.1.[2] of the Chapter 5 of TVC policy the processes of suspension/cancellation shall be carried out by the TVC only. At present the TVC election is under processes and the same is scheduled in July,

2026. Accordingly, the decision in the matter will be taken only after formulation of the TVC.”

10. A perusal of record would show that in the Certificate of Vending issued to the Petitioner bearing URI2404256 in ‘OTHERS’ category, for City S.P. Zone, Ward No. 83-N, there are various conditions which are attached to this Certificate of Vending. The Petitioner obviously has to vend in a vending space within the said zone and cannot occupy a non-vending area.

11. Considering that the Certificate of Vending of the Petitioner is valid, let the Assistant Commissioner, MCD, identify a space where the Petitioner can vend and the Petitioner shall be permitted to vend at the said space till the action in respect of eviction is taken by the TVC.

12. In the meantime, if the Petitioner wishes to obtain his cart or other belongings, he is free to approach the concerned Assistant Commissioner, MCD, and upon payment of reasonable charges, the same shall be released to him within one week.