1. Petition under Article 226 of the Constitution seeking directions to allow peaceful street vending of food/snacks with gas cylinder. (Para 2 , 3 , 4 )
Back
Next 
2026 Supreme(Online)(Del) 20045
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Harish Vaidyanathan Shankar, JJ
Ramsewak Ray – Appellant
Versus
Municipal Corporation of Delhi – Respondent
W.P.(C) 12517/2026
Advocates:
For the Appellants/Petitioners: Yogesh Kumar
For the Respondents: Tushar Sannu, Saurabh Kansal, Pallavi Sharma, Raghav, Manish Kumar, Ritul Sharma, Suraj K. Jha, Pratham Malik, Vanshika Kapoor, Sakshi Tiwari
For the Appellants/Petitioners: Yogesh Kumar
For the Respondents: Tushar Sannu, Saurabh Kansal, Pallavi Sharma, Raghav, Manish Kumar, Ritul Sharma, Suraj K. Jha, Pratham Malik, Vanshika Kapoor, Sakshi Tiwari
The court protected the livelihood of a street vendor holding a provisional Certificate of Vending, allowing him to operate subject to strict conditions regarding hygiene, traffic obstruction, and the use of small gas cylinders, while remaining subject to Town Vending Committee plans.
Headnote:(A) Street Vending - Protection of Livelihood - Right to vend under provisional Certificate of Vending (CoV) - Protection against harassment by local authorities subject to compliance with vending conditions. (Para 8, 10)
(B) Regulatory Compliance - Vending Conditions - Use of gas cylinders and maintenance of hygiene - Vendors permitted to use small gas cylinders for heating food provided they do not obstruct pedestrian or vehicular traffic. (Para 8(b), 8(c), 8(d))
Issues: Whether the Petitioner, holding a provisional Certificate of Vending, should be allowed to vend peacefully subject to specific regulatory conditions.
Legal Category Hierarchy
Table of Contents
2. Petitioner alleged harassment by MCD and Delhi Police officials despite holding a provisional Certificate of Vending. (Para 5 )
3. Court found the case similar to prior matters where identical directions were passed for vendors with provisional CoVs. (Para 7 )
4. A provisional street vendor with a valid CoV cannot be disturbed if they comply with its conditions and cause no obstruction or nuisance. (Para 8 , 10 )
5. Petition disposed of; Petitioner permitted to vend subject to compliance with CoV conditions, cleanliness, and causing no obstruction. (Para 8 , 10 , 11 )
6. What are the conditions under which a provisional street vendor holding a Certificate of Vending may be permitted to vend?
The vendor must abide by all CoV conditions, not create obstructions or nuisance, maintain hygiene, and not sublet or build structures. (Para 8 , 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 directions to the Respondents to allow the Petitioner to peacefully vend from the vending site i.e., on the Major Sudesh Marg Road, adjacent to DESU Office, J-Block, Bus Stand No.2, Rajouri Garden, Delhi. (hereinafter, ‘the vending site’).
3. The case of the Petitioner is that he is a street vendor who has been issued a provisional Certificate of Vending (CoV) bearing URI No.1512535 in the category of ‘Food snack with gas cylinder/fire’.
4. The Petitioner has placed on record photographs of his stall, which is a mobile stall mounted on a tricycle. The photograph of the Petitioner’s vend is set out below:
5. The case of the Petitioner is that the Petitioner is being unnecessarily harassed and disturbed by the concerned officials of the Municipal Corporation of Delhi (hereinafter, ‘the MCD’) and the Delhi Police. Hence, this petition.
6. Issue notice.
Mr. Tushar Sannu accepts notice on behalf of Respondent no.1/MCD. Mr. Saurabh Kansal accepts notice on behalf of Respondent no.2/Delhi Police.
7. The Court has considered the facts of this case. 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.
8. 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. Vendor shall not build or construct any kind of permanent or temporary structure at vending site.
15. Seller shall adopt health and hygiene conditions as required by local laws and court orders.
16. Vendor have to follow all the conditions mentioned in Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019”
(b) 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 gas cylinder for heating of food and
