1. Petitioner street vendor seeks provisional Certificate of Vending under Article 226, citing survey participation and statutory scheme. (Para 2 , 3 , 4 , 5 , 6 )
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2026 Supreme(Online)(Del) 18636
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Dinesh Bhatt, JJ
Murari Lal – Appellant
Versus
Chairman, Town Vending Committee – Respondent
W.P.(C) 13952/2026
Advocates:
For the Appellants/Petitioners: Aditya, Vipin Kumar, Anjani Kumar Mishra, Anjani Kumar Mishra, Pralika Chakraborty, Fareeduddin, Sumit Kumar
For the Respondents: Vaishali Gupta, Aanchal Rajput, Puja S Kalra, Virendra Singh
For the Appellants/Petitioners: Aditya, Vipin Kumar, Anjani Kumar Mishra, Anjani Kumar Mishra, Pralika Chakraborty, Fareeduddin, Sumit Kumar
For the Respondents: Vaishali Gupta, Aanchal Rajput, Puja S Kalra, Virendra Singh
The Court held that street vendors who participated in the official survey are entitled to provisional Certificates of Vending (CoV), and administrative delays in constituting the Town Vending Committee should not prevent them from vending, provided they comply with strict hygiene and public safety conditions.
Headnote:(A) Street Vending - Issuance of Provisional Certificate of Vending (CoV) - Obligation of the authority to issue a provisional CoV within 30 days after a survey is conducted as per the Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019. (Para 8)
(B) Administrative Delay - Non-constitution of Town Vending Committee (TVC-II) - Delay in issuing CoV due to the process of constituting the committee does not preclude the vendor from operating, provided they adhere to specific conditions regarding hygiene, space, and public safety. (Para 9, 15)
(C) Vending Conditions - Food/Snack Category - Vendors using gas cylinders for heating food are permitted to operate subject to using small cylinders, ensuring no obstruction to pedestrian or vehicular traffic, and maintaining strict cleanliness. (Para 11, 12)
Issues: Whether the Petitioner is entitled to a provisional Certificate of Vending (CoV) and permission to vend at the designated site following his participation in the 2021 survey.
Legal Category Hierarchy
- constitutional law
- administrative law
- practice and procedure
Table of Contents
2. Petitioner argues scheme mandates provisional certificate within 30 days of survey; MCD cites delay due to non-constitution of committee. (Para 7 , 8 )
3. Delay in issuing certificate caused by delay in constituting Town Vending Committee-II; elections for committee now held. (Para 9 )
4. Under the 2019 Scheme, once survey is conducted, obligation to issue provisional certificate within 30 days arises upon constitution of TVC. (Para 8 , 9 )
5. Writ disposed with directions to issue provisional certificate within three months upon TVC formation, subject to conditions. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 )
6. What is the obligation of the Municipal Corporation regarding issuance of a provisional Certificate of Vending after a survey?
Under the 2019 Delhi Street Vendors Scheme, the Corporation must issue the provisional certificate within 30 days once the survey is conducted, subject to constitution of the Town Vending Committee. (Para 8 , 9 )
7. What conditions must a street vendor selling food/snacks using a gas cylinder comply with to obtain a provisional vending certificate?
The vendor must use a small gas cylinder, not obstruct pedestrians or traffic, maintain cleanliness, provide a dustbin, and not create any third-party interest or permanent structure. (Para 12 )
8. Is the provisional vending certificate transferable or can it be sublet?
No. The certificate is non-transferable, and there is a bar on sub-letting or handing over possession to any third party. (Para 11 , 12 )
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, openspace, MallRoad, near GDBirlaMarg, adjacent to PolicePost, Jasola Vihar, Central Zone, Ward-S-102, New Delhi (hereinafter ‘vending site’) as also for issuance of provisional Certificate of Vending to the Petitioner (hereinafter, ‘CoV’).
3. The Petitioner is a street vendor, who claims to be vending from the vending site.
4. A survey was undertaken by the Town Vending Committee, (hereinafter, ‘TVC’) Municipal Corporation of Delhi (hereinafter, ‘MCD’) in 2021. The Petitioner had participated in the said survey and was issued a survey slip/acknowledgement receipt bearing No. URI 7074241 dated 24th March, 2021. The acknowledgement receipt of the said survey has been placed on record by the Petitioner.
5. The photograph of the vending site of the Petitioner is also set out below:
6. Ld.Counsel for the Petitioner submits that the Petitioner is in the list of vendors, under the category of Food/Snack with gas cylinder fire. He has placed on record the list, as published by the MCD.
7. Ms. Kalra, ld. Counsel for the MCD submits that the Petitioner is approaching the Court after five years, and seeking a provisional CoV.
8. Ld. Counsel for the Petitioner, however, highlights clause 1.2 the Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019 to argue that once the survey is conducted, it is the MCD’s obligation to issue the provisional COV, within a period of 30 days.
9. The Court has considered the matter. There has been a delay in the issuance of the provisional COV, due to the non-constitution of the TVC-II. Presently, the elections for the TVC- II have been held, and the TVC-II is in the process of being constituted. The delay may have been occasioned due to this reason.
10. Accordingly, this writ petition is disposed of with the similar directions as have been passed by this Court in similar matters 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 footpa
