1. Street vendor holding provisional certificate of vending seeks protection from disturbance by authorities to peacefully vend. (Para 2 , 3 , 4 , 5 , 6 )
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2026 Supreme(Online)(Del) 20022
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Vikas Mahajan, JJ
Anirudh – Appellant
Versus
Commissioner of Police – Respondent
W.P.(C) 13451/2026
Advocates:
For the Appellants/Petitioners: Aditya, Anjani Kumar Mishra, Vipin Kumar, Pralika Chakraborty, Fareeduddin
For the Respondents: Amit Dogra, Dhruv Sharma, Pritish Sabharwal, Shilpa Ohri, Aanchal Rajput
For the Appellants/Petitioners: Aditya, Anjani Kumar Mishra, Vipin Kumar, Pralika Chakraborty, Fareeduddin
For the Respondents: Amit Dogra, Dhruv Sharma, Pritish Sabharwal, Shilpa Ohri, Aanchal Rajput
A street vendor with a provisional Certificate of Vending is permitted to operate at their site to protect their livelihood, provided they ensure no obstruction to pedestrians or traffic and strictly comply with hygiene and safety conditions.
Headnote:(A) Street Vending - Provisional Certificate of Vending (CoV) - Right to vend - A street vendor holding a provisional CoV is entitled to conduct vending activities at the designated site provided that such activities do not cause obstruction to pedestrians or vehicular traffic and the vendor adheres to safety and hygiene standards. (Para 9, 11)
(B) Protection of Livelihood - Balance of Interests - The court may permit vending on footpaths where the physical layout allows for vending without hindering public movement, thereby balancing the vendor's right to livelihood with the necessity of maintaining public order and convenience. (Para 9, 11)
Issues: Whether the Petitioner, holding a provisional Certificate of Vending, should be permitted to vend at the specified site on the footpath without interference from the authorities.
Legal Category Hierarchy
- administrative law
- practice and procedure
-
constitutional law
- right to livelihood (Para 11)
Table of Contents
2. Petitioner seeks permission to vend at fixed site; MCD opposes on grounds of footpath obstruction. (Para 7 , 8 )
3. Court observed petitioner's vending does not cause obstruction and found similar matters with analogous directions. (Para 9 , 10 )
4. Street vendors with provisional certificates may vend subject to conditions ensuring no obstruction, hygiene, and compliance with the Street Vendors Act and Scheme. (Para 11 , 12 )
5. Petition disposed of with directions permitting vending subject to conditions; authorities not to disturb compliance. (Para 11 , 13 , 14 )
6. Can a street vendor with a provisional certificate vend on a footpath?
Yes, a vendor with a provisional certificate can vend on a footpath subject to conditions such as not causing obstruction, maintaining hygiene, and following the terms of the certificate. (Para 9 , 10 , 11 )
7. What conditions must a street vendor comply with under a provisional certificate?
Conditions include not causing obstruction, maintaining hygiene, using only small gas cylinders, not sub-letting, and complying with all conditions of the Street Vendors Scheme, 2019. (Para 11 )
8. Could the directions in this case create a vested right in the vending site?
No, the directions are subject to any plan by the Town Vending Committee under Section 21 of the Street Vendors Act, 2014, and no vested rights are claimed. (Para 12 )
9. Can the period limitation in a vending certificate be relaxed?
Yes, the court directed that Condition No. 11 (limiting vending time) in the certificate shall not apply to the petitioner. (Para 11 )
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner, inter alia, seeking directions to the Respondents to allow the Petitioner to peacefully vend from the vending site i.e., on the Footpath, in front of HP Petrol Pump, Shyamnath Marg, Kashmere Gate, City SP Zone, Ward-83-N, New Delhi (hereinafter “the vending site”).
3. The Petitioner is a street vendor who has been vending from vending site for several years.
4. The Petitioner holds a provisional Certificate of Vending (hereinafter, ‘CoV’) bearing URI No. 7595053 under the category of “Food/Snack with gas cylinder/fire” for City SP Zone, Ward 83-N.
5. The photographs of the vending site of the Petitioner are set out below:
6. The grievance of the Petitioner is that, despite having a provisional CoV, he is being repeatedly disturbed by the officials of the Municipal Corporation of Delhi (hereinafter, ‘MCD’) and the Delhi Police, and not being allowed to conduct his vending activities peacefully.
7. The submission on behalf of the Petitioner is that he should be permitted to vend on the footpath at the fixed vending site.
8. The ld. Counsel appearing on behalf of the MCD opposes the same and submits that the Petitioner cannot be permitted to vend on the footpath.
9. Heard. The Court has perused the photographs on record, which shows that the Petitioner is vending next to a tree, where there is a space beside the footpath, and the manner in which the Petitioner is vending does not appear to be causing any obstruction to pedestrians. However, the Petitioner shall ensure that the gas cylinder is small in size and is placed on the cart, and that he does not occupy any space beyond what is reflected in the photographs placed above.
10. Further, this Court is inclined to pass similar directions as have been passed 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. In this background, to protect the livelihood of the Petitioner, the present petition is disposed of in the following terms:
(a) 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. Ven
