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2026 Supreme(Online)(Del) 20031
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Vikas Mahajan, JJ
Mohammed Islam – Appellant
Versus
Municipal Corporation of Delhi – Respondent
W.P.(C) 13457/2026
For the Appellants/Petitioners: Aditya, Anjani Kumar Mishra, Vipin Kumar, Pralika Chakraborty, Fareeduddin
For the Respondents: Puja Kalra, Aanchal Rajput
The court balanced the street vendor's right to livelihood under a provisional CoV with the public's right to congestion-free roads, directing relocation to a suitable site and mandating strict adherence to hygiene and space regulations while waiving specific time-based restrictions.
Headnote:(A) Street Vending - Provisional Certificate of Vending (CoV) - Right to vend vs. Public Convenience - While a holder of a provisional CoV is entitled to relief, the right to vend is subject to the requirement that it does not cause obstruction or congestion to vehicular or pedestrian traffic. (Para 14)
(B) Administrative Directions - Relocation of Vendors - The local authority is permitted to identify a suitable area for vending to ensure smooth traffic movement, and the vendor is required to shift to such identified area within a stipulated timeframe. (Para 14)
(C) Terms of Vending - Compliance with CoV Conditions - Vendors must adhere to hygiene standards, avoid permanent structures, and not create third-party interests; specific restrictive time conditions (Condition 11) may be waived subject to the vendor's compliance with all other terms. (Para 15)
Issues: Whether the Petitioner, holding a provisional Certificate of Vending, can be permitted to vend at a specific site despite causing congestion and whether certain conditions of the CoV can be waived.
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/Open Space, Thekedar Surjeet Singh Marg, near GTB Nagar Metro Station No.4, GTB Nagar, Civil Lines, Ward-14-B, New Delhi (hereinafter ‘the vending site’).
3. The Petitioner is a street vendor who claims to be vending from the said site for several years.
4. The Petitioner holds a provisional Certificate of Vending (hereinafter ‘CoV’) bearing URI No.1490057 under the category of “Food/Snack with gas cylinder/fire” for Civil Lines, Ward 14-N.
5. The photograph of the Petitioner’s cart is set out below:
6. The case 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 is not being allowed peaceful vending.
7. The submission of ld. Counsel for the Petitioner is that he may be permitted to vend without the imposition of condition No.11 in the provisional CoV.
8. Ld. Counsel for the MCD has placed on record various photographs of the road in question, from where the Petitioner is vending.
9. The said photographs are taken on record and are set out below:
10. Ld. Counsel for the MCD submits that the Petitioner is vending outside Gate No.4 of Metro Station, GTB Nagar, Civil Lines, Ward No.14-N. and the area near the metro station gate is extremely congested, due to the street vendors.
11. It is also submitted that the MCD is taking a decision to relocate the vendors to a by-lane so that the said service lane can remain free from congestion and be kept open for the smooth movement of traffic and pedestrians.
12. Heard the ld. Counsel for the parties. The Court has perused the photographs placed on record by the ld. Counsel for the MCD,
13. A perusal of the photographs would reveal the following:
(i) That there is extreme congestion on the service lane.
(ii) That the area also requires to be maintained in a clean and orderly manner.
(iii) That the Petitioner is occupying a much larger area, all of which would not be permissible in terms of the provisional CoV.
14. Considering the congestion in the area, though the Petitioner is entitled to relief, as has been granted in similar petitions concerning vendors with provisional CoVs under the category of ‘Food/Snack with gas cylinder/fire’, in the facts and circumstances of this case, the following directions are issued:
(i) The Assistant Commissioner, MCD is permitted to identify a suitable area for vending in a space which would not cause any obstruction or congestion to vehicular or pedestrian traffic and where only authorised provisional CoV holders shall be permitted to vend.
(ii) Upon identification of such an area within two weeks, the Petitioner shall shift his vending activity to the said area.
15. In addition, upon shifting to the alternate area of vending, the Petitioner shall abide by the directions that this Court has 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. The said directions are:
(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 certif
