1. Petition under Article 226 by a street vendor seeking to peacefully vend at a designated spot with a provisional Certificate of Vending. (Para 2 , 3 , 4 )
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2026 Supreme(Online)(Del) 18635
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Dinesh Bhatt, JJ
Ram Asare Maurya – Appellant
Versus
Municipal Corporation of Delhi – Respondent
W.P.(C) 13971/2026
Advocates:
For the Appellants/Petitioners: Aditya, Vipin Kumar, Anjani Kumar Mishra, Anjani Kumar Mishra, Pralika Chakraborty, Fareeduddin
For the Respondents: Shilpa Ohri, Ram Kishen
For the Appellants/Petitioners: Aditya, Vipin Kumar, Anjani Kumar Mishra, Anjani Kumar Mishra, Pralika Chakraborty, Fareeduddin
For the Respondents: Shilpa Ohri, Ram Kishen
Street vendors with provisional certificates may vend subject to strict conditions regarding hygiene, non-obstruction of traffic, and safety (specifically regarding gas cylinders), and such rights remain subject to the Town Vending Committee's plans under the Street Vendors Act, 2014.
Headnote:(A) Street Vending - Provisional Certificate of Vending - Right to vend subject to conditions - A street vendor holding a provisional certificate is permitted to operate provided they adhere to strict conditions regarding space, hygiene, and non-obstruction of pedestrian and vehicular traffic. (Para 11, 12)
(B) Public Safety and Nuisance - Use of gas cylinders - The use of large gas cylinders on footpaths is impermissible; only small cylinders for heating food and snacks are allowed to ensure safety and prevent obstruction. (Para 9, 12)
(C) Statutory Compliance - Town Vending Committee - Vending rights are subject to the plans formulated by the Town Vending Committee under Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and no vested rights can be claimed against such plans. (Para 13)
Issues: Whether the petitioner is entitled to peacefully vend at the designated site despite objections regarding traffic congestion and the use of a gas cylinder.
Legal Category Hierarchy
- constitutional law
- administrative law
- public safety and convenience
Table of Contents
2. Petitioner alleges harassment despite having a CoV. MCD submitted petitioner vends in a residential area and caused congestion during BRICS Summit. (Para 5 , 7 , 8 )
3. Photograph shows a gas cylinder on the footpath, which is impermissible. Vend causes congestion and traffic jams in the area. (Para 9 , 10 )
4. Street vendors using gas cylinders must not block footpaths or cause congestion; safety and hygiene conditions apply. (Para 11 , 12 )
5. Petition disposed of. Petitioner to abide by CoV conditions and additional directions for vending with gas cylinder. (Para 15 )
6. What conditions apply to a street vendor using a gas cylinder under a provisional Certificate of Vending?
The vendor must not cause obstruction to pedestrians or traffic, maintain cleanliness, use only a small gas cylinder, and comply with specific conditions outlined in the judgment. (Para 11 , 12 )
7. Can a street vendor be relocated or restricted during special events?
Yes, the court noted the vendor had to be relocated during the BRICS Summit to prevent traffic congestion, indicating such restrictions are permissible. (Para 8 , 9 , 10 )
8. What is the significance of a provisional Certificate of Vending for a street vendor?
It grants the right to vend subject to strict compliance with terms, including safety, hygiene, and public convenience regulations, and is non-transferable. (Para 4 , 11 )
9. Can a street vendor build a permanent structure at the vending site?
No, the conditions of the Certificate of Vending explicitly prohibit building or constructing any kind of permanent or temporary structure at the vending site. (Para 11 , 14 )
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 directions to the Respondents to allow the Petitioner to peacefully vend at his designated spot i.e., on the footpath, open space, A-14, Pamposh Enclave, Greater Kailash, South Zone, Ward S-86, New Delhi (hereinafter ‘vending site’)
3. The Petitioner is a street vendor, who claims to have been vending from the vending site for several years.
4. The Petitioner has been issued a provisional Certificate of Vending (hereinafter, ‘CoV’) bearing URI:1504740 under the category “Food/Snack with gas cylinder/fire” for South Zone, Ward S-86.
5. The case of the Petitioner is that he is running a tea stall, and despite having a provisional CoV, he is not being allowed to peacefully vend from the vending site and is being harassed by the concerned officials of the Municipal Corporation of Delhi and Delhi Police.
6. The photograph of the Petitioner’s vend, placed on record, is set out below:
7. Ms. Ohri, ld. ASC for the MCD submits, under instructions from the licensing inspector, Mr. Ram Kishan, that the Petitioner is actually vending as a stationary vendor, in A-Block, Pamposh Enclave which is a residential area.
8. Further, it is also her submission that during the BRICS Summit, the Petitioner had to be relocated, as his vend was causing congestion at the turn in Pamposh Enclave and resulting in traffic jam in the area.
9. The Court has perused the photograph placed on record. The same does not show any food items or any other snacks being vended by the Petitioner. A gas cylinder has been placed on the footpath, which is completely impermissible.
10. Under these circumstances, in these facts, this Court is inclined to pass similar directions, as have been passed recently, wherein, vendors are vending under the category of ‘Food/Snack with gas cylinder/fire’ i.e., in W.P.(C) 15082/2025 titled ‘ Rajendra Singh v. Commissioner of Police and Ors. ’ vide order dated 2nd February, 2026, W.P.(C) 19391/2025 titled ‘Mohd Badruddin v. Municipal Corporation of Delhi & Ors.’ vide order dated 8th January, 2026 and in W.P. (C) 1609/2026 titled ‘Rihana v. MCD & Ors.’ vide order dated 05th February, 2026.
11. The Petitioner shall abide by the terms and conditions of the provisional CoV, which are as under:
“1. Vendor shall not have any other permanent or long-term vending certificate.
2. Vending certificate is non-transferable.
3. It is mandatory for the vendor to follow the vending period and zone as determined by TVC or local body.
4. Vendor shall not give his vending certificate on rent in any way.
5. Vendor shall not have any infectious disease.
6. Vendor shall have to take care of hygiene on vending place/zone and nearby area and also take care of public health.
7. Vendor shall display copy of vending certificate on his place/vending site and will produce original documents to TVC/concerned inspector whenever required.
8. Vendor/Squatter shall insure that no hindrance be caused to pedestrian and vehicular moment.
9. Vendor shall not vend/sell any harmful, dangerous and polluted items. It should also be ensured that the quality of the products sold and services provided to the public conform to the prescribed standards of public health, hygienic conditions and safety.
10. The street vendor shall not do any unauthorized/illegal activity.
11. Mobile vendors shall not stay or vend more than 30 minutes or time prescribed by the TVC at place in a vending/squatting zone.
12. Vendors will not block footpaths and will not vend on roads. Vendor should take care of space in front of vending stalls/counters on footpath for pedestrians.
13. Vending certificate can be cancelled or suspended on the basis of violations.
14. Vendor shall not build or construct any kind of permanent or temporary structure at vending site.
15. Seller shall adopt health and hygiene
