$~192 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 25^th February, 2026 Uploaded on: 28^th February, 2026.

+ W.P.(C) 2477/2026 MOHAMMAD IMTIYAZ ALAM .....Petitioner Through:Mr. Sanjay Baniwal, Ms. Manisha and Mr. R.K. Seewal, Advs.

versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Ms. Namrata Mukim, SC, MCD, Ms.

Niharika Singh, Adv. for MCD.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN Prathiba M. Singh, J. (Oral)

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 issuance of an appropriate writ directing the Respondent - Municipal Corporation of Delhi (hereinafter, ‘MCD’) to not disturb the vend of the Petitioner. The Petitioner has filed the present writ petition stating that he has been vending between Gate No. 1 and Gate No.2 of the wall in Fish Mandi, Ghazipur, East Delhi, Delhi - 110096, Shahdara South Zone, Ward - SE. The Petitioner is also issued a Certificate of Vending (hereinafter, ‘COV’) bearing URI No. 4590862.

3. It is the case of the Petitioner that he has not been allowed to vend peacefully by the MCD and the officials are causing disturbance to his vending activities. The Petitioner relies upon the following photograph to show that he is maintaining proper hygiene in his area of vending:

4. Ms. Mukim, ld. Counsel for the MCD disputes the case of the Petitioner. Ld. Counsel submits that the Petitioner has erected a permanent structure, covered the drain and is using the passage right next to the wall. Ld. Counsel for the MCD has placed on record several photographs of different dates including photographs as late as 20^th February, 2026 to show the manner in which the drain has been covered and encroachments have been made by the Petitioner. The same are taken on record. The said photographs are set out below:

5. When Ms. Mukim, ld. Counsel for MCD handed over these photographs to the Court, ld. Counsel for the Petitioner seriously disputed the same.

6. Accordingly, this Court passed over the matter and directed the MCD officials to make a live video call from the site of vending of the Petitioner.

7. The matter was thereafter, taken upon the passover. The MCD officials made a live video call and the Court has seen the Petitioner as also the vending site. There is no doubt left in the mind of the Court that the photographs placed on record by the MCD are correct and the Petitioner has made a permanent structure at his vending site, though, the Petitioner may have dismantled some part of it for filing of this writ petition.

8. In the opinion of this Court, the cart which is reflected in the photograph filed by the Petitioner is completely different when seen in the live video call made by the MCD officials today.

9. The drain is covered by the Petitioner and a path has been made from one passage to the other. The sketch which is being filed by the Petitioner shows that there is a naala i.e., drain and the Petitioner’s vend is after the naala. However, the Petitioner has created some sort of structure for people to sit covering the naala. The Court notices that the naala is completely full of debris and garbage. There is no cleanliness whatsoever as is being depicted in the photographs filed before this Court by the MCD.

10. The COV is issued to the Petitioner subject to various conditions. Those conditions have not been annexed by the Petitioner with the present petition. The standard conditions of the COV have been handed over by Ms.

Mukim, ld. Counsel for the MCD which read as under:

“Terms & Conditions of the Vending Certificate

1. The seller should not have any other permanent or long-

term sales certificate.

2. The vendor certificate will be non-transferable.

3. The seller is required to adhere to the selling period and zones prescribed by the TVC and local body.

4. The seller shall not rent/lease the Sale Certificate in any manner whatsoever.

5. The seller should not be suf