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2026 Supreme(Online)(Del) 20097
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Vikas Mahajan, JJ
Sona Wati – Appellant
Versus
Municipal Corporation of Delhi – Respondent
W.P.(C) 13296/2026
For the Appellants/Petitioners: Aditya
For the Respondents: Meherunnisa A. Jaitley, Aryan Tyagi, Jaskeerat Singh, Vaishali Gupta, Rashi Aggarwal
The Court balanced the street vendor's right to livelihood with public convenience by directing the municipal authority to provide an alternative vending site, subject to strict operational conditions and the regulatory framework of the Street Vendors Act, 2014.
Headnote:(A) Street Vending - Right to Livelihood vs. Public Convenience - Where a vendor holds a provisional Certificate of Vending but the current site causes significant obstruction to pedestrian and vehicular traffic, the municipal authority is directed to identify an alternative vending site in the vicinity to balance the vendor's right to vend with public movement. (Para 5, 8)
(B) Regulatory Compliance - Conditions for Vending - Vendors operating under the 'Food/Snack with gas cylinder/fire' category must adhere to strict conditions, including the use of small gas cylinders, maintaining hygiene, ensuring no obstruction to traffic, and prohibiting the creation of third-party interests or permanent constructions. (Para 8)
(C) Statutory Framework - Town Vending Committee - Directions for alternative vending sites are subject to the overarching plans formulated by the Town Vending Committee under Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. (Para 10)
Issues: Whether the Petitioner should be permitted to vend at the existing site or be relocated to an alternative site to prevent public obstruction.
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed, inter alia, seeking directions to the Respondents to allow the Petitioner to peacefully vend from the vending site i.e., on the Open Space, Madhya Marg, adjoining the Booster Pump Boundary Wall, Tughlakabad Extn, Central Zone, Ward-S-82, New Delhi (hereinafter “the vending site”).
3. The Petitioner holds a provisional Certificate of Vending having URI No. 4494050 under the category ‘Food/ Snack with gas cylinder/ fire’ with place of vending being Central Zone, Ward-S-82. The photograph of the Petitioner’s vend has been placed on record and is set out below:-
4. The case of the Petitioner is that her vending activities are being disturbed by the Respondents.
5. Ms. Meherunnisa A. Jaitley, ld. Counsel for Municipal Corporation of Delhi (MCD) submits that the road is quite narrow in this area and hence the vehicular and pedestrian movement is quite impeded.
6. It is also submitted by ld. Counsel that the vendors tend to come together in the evening and also put up benches and stools to enable their customers to eat the snacks and food prepared by them. If that is so, the concerned Assistant Commissioner, MCD would have to identify an alternative site in the vicinity where all the vendors can vend.
7. Ld. Standing Counsel for the MCD has also handed over photographs of the Petitioner’s vend which were taken this morning and the same are extracted below:
8. The Court has perused the above photographs. The Petitioner has been given a provisional CoV under the category of ‘Food/ Snack with gas cylinder/fire’. Conditions have been imposed 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. Accordingly in the present case as well, the following directions are passed in the present case in the following terms:-
i) The Assistant Commissioner of the concerned area shall identify an alternative space for the Petitioner where he can vend within a period of two weeks.
(ii) The petitioner shall abide by the terms and conditions of the provisional CoV;
(iii) The Petitioner shall be permitted to operate the 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 snacks shall be used by the Petitioner;
(iv) The Petitioner shall restrict the vend to a particular space which shall not in any manner cause obstruction to the movement of pedestrians or cause any traffic congestion to vehicular traffic on the roads;
(v) The Petitioner shall also be obliged to maintain cleanliness and hygiene around the vend, and shall ensure the presence of a dustbin near the vend;
(vi) Subject to the above, Condition No.11 in the CoV shall not apply to the Petitioner. The Petitioner shall comply with all the other conditions in the CoV;
(vii) It shall be ensured that the Petitioner shall not create any third- party interest in this provisional CoV and there shall be a bar on sub-letting or any handing over possession to any third party;
(viii) No permanent or temporary construction shall also be erected by the Petitioner.
9. The Petitioner shall approach the concerned Assistant Commissioner, MCD on 17th September, 2026 at 11.30 am.
10. The above stated directions shall be subject to any plan which the Town Vending Committee–II may be coming up with in terms of Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending)Act, 2014 and no vested rights shall be claimed.
11. The petition is disposed of in these terms. Pending applications
