1. Petition under Article 226 seeking Certificate of Vending for street vending by a disabled person. (Para 2 , 3 )
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2026 Supreme(Online)(Del) 19867
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Vikas Mahajan, JJ
Deepak – Appellant
Versus
Municipal Corporation of Delhi – Respondent
W.P.(C) 4812/2025 | CM APPL. 22089/2025
Advocates:
For the Appellants/Petitioners: Shivani Verma, Akanksha Priya, Kamlesh Kumar Mishra
For the Respondents: Shilpa Ohri, Tanvi Nigam, Divyansh Nigam
For the Appellants/Petitioners: Shivani Verma, Akanksha Priya, Kamlesh Kumar Mishra
For the Respondents: Shilpa Ohri, Tanvi Nigam, Divyansh Nigam
The Court directed the identification of a vending site for a disabled, approved street vendor on humanitarian grounds, subject to the final decision of the Town Vending Committee and compliance with the Street Vendors Act, 2014.
Headnote:(A) Street Vending - Certificate of Vending (CoV) - Right to vend for approved vendors - Direction to identify a vending site for a disabled person pending the final decision of the Town Vending Committee. (Para 5)
(B) Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 - Section 21 - Vending plans and rights - Interim permission to vend subject to specific conditions regarding space, hygiene, and safety, without creating vested rights. (Para 8, 10)
Issues: Whether the petitioner, a disabled person and approved vendor, is entitled to be provided a vending site pending the issuance of a Certificate of Vending.
Legal Category Hierarchy
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constitutional law
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writ jurisdiction
- article 226 (Para 2)
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writ jurisdiction
- administrative law
- practice and procedure
Table of Contents
2. Survey completed but Certificate not issued; MCD disputed the claimed vending location. (Para 4 )
3. Petitioner was an approved vendor in survey; elections completed; MCD to identify a site. (Para 5 )
4. Interim vending permission can be granted pending decision of Town Vending Committee for approved survey vendors. (Para 5 , 6 , 7 )
5. MCD to identify site; petitioner permitted to vend temporarily with conditions; subject to TVC-II decision. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 )
6. Can an approved street vendor vend before receiving a Certificate of Vending?
Yes, the court permitted interim vending at a site identified by the MCD pending the Town Vending Committee's decision. (Para 5 , 6 )
7. What conditions apply to interim vending by disabled vendors using gas cylinders?
Vendor must use small/medium gas cylinder, not obstruct pedestrians, maintain cleanliness with dustbin, and erect no permanent or temporary construction. (Para 8 )
8. Is the court's interim permission subject to the Town Vending Committee's authority?
Yes, the interim arrangement is subject to the TVC-II's decision on policy for disabled persons and verification of the petitioner's credentials. (Para 9 , 10 )
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 Respondents to issue a Certificate of Vending (hereinafter, ‘CoV’) to the Petitioner. Further, the prayer of the Petitioner is to allow him to vend peacefully at his designated spot i.e., Opposite to C-8, Gate No. 15, near Indian Oil petrol pump near Dalit Ekta Camp, Vasant Kunj.
3. The Petitioner is a person who has 70% locomotor disability due to an accident which he met in 2023. The Petitioner is stated to have been vending in the Vasant Kunj area near Dalit Ekta Camp.
4. The counter affidavit on behalf of the Municipal Corporation of Delhi (hereinafter, ‘MCD’) states as under:
“9. That as per the record available with the respondent department, the survey of the petitioner namely Shri Deepak S/o Shri Siya Ram (Date of Birth: 02.05.1994) was conducted on 02.12.2021 and the same was duly approved.
10. It is submitted that during the year 2021, the survey of street vendors was being conducted through the agencies M/s KASH IT Solutions and All India Institute of Local Self Government (AIILSG) through their web portal and the data relating to the survey was stored on the server maintained by the said agencies. However, due to certain administrative and technical issues, the said agencies did not continue the survey process of vendors and consequently the Certificate of Vending (COV) could not be printed and issued despite completion of the survey.
11. It is further submitted that presently another agency namely Social Network India, having office at A-12/2, First Floor, Saket, New Delhi - 110017, has been engaged by CL&EC (HQ), MCD to conduct the survey of vendors in Najafgarh Zone. The case of the petitioner shall be covered in the said survey and the Certificate of Vending shall be issued to him in accordance with law, subject to fulfillment of applicable terms and conditions and the decision of the competent authority.
12. It is further submitted that a site inspection was conducted by the officials of the respondent corporation, and it has been found that the petitioner is not vending at the location which he has claimed in the present writ petition.”
5. The present position is that the Petitioner is not vending and the reasons for the same are not clear. According to the MCD, the Petitioner cannot vend at his alleged designated site i.e., opposite to C-8, Gate No.15, Near Indian Oil Petrol Pump, Near Dalit Ekta Camp, Vasant Kunj. However, it is a matter of fact that elections of the Town Vending Committee-II (hereinafter, ‘TVC-II’) are now completed and the TVC-II is likely to be constituted shortly. The Petitioner is an approved vendor during the survey in 2021. In view of these facts the Assistant Commissioner, MCD is directed to identify a site where the Petitioner can vend in the Vasant Kunj area. The Petitioner would be permitted to vend at the said site till the TVC-II takes a decision in respect of the Petitioner’s CoV.
6. The Petitioner shall visit the office of the Assistant Commissioner, MCD, Najafgarh Zone on 30th September, 2026 at 11:30 A.M. The site shall be identified by the Assistant Commissioner by 10th October, 2026.
7. Further, considering that the Petitioner is a disabled person and was operating a tea stall, he would be permitted to have a stationary tea stall.
8. For the time being, the Petitioner shall be bound by the conditions which are imposed by this Court on vendors who are issued a CoV in the category of ‘Food Snacks with gas cylinder/fire’ which are as under:
i) The Petitioner shall be permitted to operate his vend but shall use a gas cylinder which does not occupy too much space. It is made clear that only a small or medium sized gas cylinder for heating of food and snacks shall be used by the Petitioner;
ii) The Petitioner shall restrict him
